This Terms of Service Agreement (“Agreement”) is a legal document that outlines and explains your rights and obligations as a user from heyVR.io. You are encouraged to read through the Agreement carefully.
1. Service
HeyVR.io is a website and digital software and media distribution platform owned and operated by Player One GmbH (“heyVR.io” or “Service”). By using the Service, you agree to be bound by the terms of this Agreement.
2. Users
Users affirm that they are over the age of 16, as the Service is not intended for people under 16.
3. Acceptable Use
HeyVR.io aims to create a safe environment for users and game publishers. This requires a community that is built on goodwill and responsible behavior by its members. HeyVR.io and the Content and Services may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage ("Cheats"). You agree that you will not create Cheats or assist third parties in any way to create or use Cheats. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats. The posting of content or other actions that, in the heyVR.io’s sole discretion, degrades the experience of others may result in account termination without prior notice. Prohibited actions include but are not limited to:
- Spamming or sending repeated messages, junk email or any unsolicited messages;
- Posting unlawful, misleading, malicious, or discriminatory content;
- Bullying, intimidating, harassing, defaming, threatening others, or violating the legal rights (such as rights of privacy and publicity) of others;
- Posting content that promotes or participates in racial intolerance, sexism, hate crimes, hate speech, or intolerance to any group of individuals;
- Violating copyright, trademark or other intellectual property or other legal rights of others by posting content without permission to distribute such content;
- Upload files that contain viruses, trojan horses, worms, or any other similar software or programs that may damage the property of another;
- Creating a false identity for the purpose or effect of misleading others; or
- Violating any applicable laws or regulations.
4. Account
For certain content and services on the website you will need to register for a heyVR.io account ("Account"). If you do choose to register for an Account you warrant that all information and personal details you provide to Player One are correct. You may not transfer your registration or any rights you may have in your Account to any other person or entity. You must keep your account details secure and must not share them with anyone else. You may terminate your account at any time. You may cease to use your account, or if you so choose, may request that Player One terminate your account. You must not collect or harvest any personal data of any user of heyVR.io or of any user of other Player One Services, including account names. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of heyVR.io.
5. User Generated Content
HeyVR.io provides interfaces and tools for Users to generate content and make it available to other users, including ratings, reviews, profile images, banners, and others (“User Generated Content” or “UGC”). By uploading or creating such UGC, you grant to Player One the worldwide, non-exclusive, perpetual, royalty free license to use, reproduce, create derivative works, display, perform and distribute for the UGC.
6. Copyright
If you are a trademark owner and you believe there is a game on heyVR.io that infringes on your trademark rights, please contact us directly at support@heyvr.io.
If you have written documentation proving that you have permission to upload and use a third party's intellectual property, contact us in advance of your submission to ensure that your content is not rejected for an intellectual property violation.
7. Acceptable Payment Forms
When you provide payment information to Player One or one of its payment providers, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize Player One or one of its payment providers to charge your credit card or process your payment with the chosen payment provider.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions, to order or purchase at pricing not applicable to your geography, or for any other purpose. If you do this, you are violating this Agreement and this will result in immediate termination of your account.
8. heyVR Coins
Player One may offer virtual coins (“Coins”) for sale, which can be exchanged for In-Game Products. In-Game Products are anything you can buy with heyVR Coins within a game. Player One reserves the right to offer or cease to offer Coins for purchase or to restrict the purchase of Coins by you at its sole discretion. The cost of any Coins or any specific quantity of Coins will be as specified by Player One at its sole discretion from time to time. Any Coins available for purchase may only be purchased by such means and in accordance with any further conditions as Player One at its sole discretion may specify. Player One reserves the right to alter the terms and conditions relating to any Coins which you have previously purchased.
Coins have no value in real currency, and are not transferable to any other accounts or returnable, exchangeable, or refundable for real currency, goods, or services. By purchasing or otherwise obtaining Coins, You acknowledge and agree that all Coins represent a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of Services governed by these Terms of Service. Because it is a license, Coins are not property in which You have any ownership right, title, or other interest. Any Coin balance shown in Your Account or Membership does not constitute a real currency balance or reflect any monetary value.
The same applies to In-Game Products. You acknowledge and agree that all In-Game Products represent a limited, non-exclusive, non-transferable license for Your personal, private, non-commercial use of Services governed by these Terms of Service.
You acknowledge and agree that Player One will have no liability for the use or loss of Coins as well as In-Game Products for any reason, including without limitation due to any activity of a third-party, such as hacking, phishing, or any other unauthorized activity. Player One may replace such lost Coins and In-Game Products under certain circumstances, in Player One's sole discretion and on a case-by-case basis, without incurring any obligation or liability.
Player One reserves the right at any time without notice to cancel any Coins previously acquired by you, as Player One at its sole discretion deems appropriate. In addition, in the event of the cancellation of your Member Account any unused Coins you currently hold will automatically be deemed to also be canceled. Player One will have no further liability to you with regard to any canceled Coins including with respect to any obligation to refund to you the purchase price paid for such Coins.
9. Promotional heyVR Coins
Any Coins that you do not pay for are Promotional Coins. This includes any Coins we give you in connection with any promotional activities. Promotional Coins expire one year after the day we give them to you. When you make a purchase with Coins, your Promotional Coins will be used first, and only then will your Purchased Coins be used.
10. In-Game Products
In-Game Products that you purchase will be available to you through heyVR.io as long as Player One has the right to make such Content available to you. In certain cases (for example if Player One loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Player One may remove certain Content that you have purchased. Player One will have no further liability to you with regard to any In-Game Products including with respect to any obligation to refund to you the purchase price paid for such In-Game Products. Player One may replace such In-Game Products under certain circumstances, in Player One's sole discretion and on a case-by-case basis, without incurring any obligation or liability.
11. Subscriptions
Games may offer exclusive content in exchange for a heyVR Coin based subscription. When you subscribe, you receive access on a continuing basis unless you cancel. Subscriptions automatically charge heyVR Coins from your account 2 to 3 days before the start of each billing period (whether weekly, monthly, annually, or another period). It is your responsibility to always have enough coins in your account to balance the load. If this is not guaranteed, you will lose access to the exclusive content at the time of the next billing period.
Games may offer trial periods. You may receive access to the subscription benefits at no charge for a specified trial period. After a trial period you will immediately lose access to the exclusive content and any subscription privileges unless you buy a subscription. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.
You may cancel a subscription at any time before the end of the applicable billing period, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be canceled as of the following month. You will not receive a refund for the current billing period.
If the price of the subscription increases during your subscription period, you will be notified. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 14 days' prior notice before the charge is made. If you are given less than 14 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. Where the Provider increases the price of a subscription and consent is required, Player One may cancel your subscription unless you agree to the new price. If your subscription is canceled and you later decide to re-subscribe, you will be charged at the then current subscription rate.
12. Withdrawal Rights
All sales on heyVR.io are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.
When you make a purchase of Coins or In-Game Products on heyVR.io you agree that the Coins or In-Game Products will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal. In-game purchases in games are not refundable.
You may request a refund for heyVR Coins within fourteen days of purchase if they were purchased on heyVR.io and if you have not used any of those Virtual Coins. Player One may replace such Coins under certain circumstances, in Player One's sole discretion and on a case-by-case basis, without incurring any obligation or liability. If you bought Coins in a package or bundle, we can only refund the complete package or bundle, not parts of it, if a refund may be possible.
13. Cancellation
Player One reserves the right, acting at its sole discretion, to refuse to accept your registration request for an Account. Player One also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Account or to restrict, limit or otherwise change your existing rights of access to your Account, or any specific feature or benefit afforded to you in relation to your Account, including without limitation in respect of any Coins and In-Game Products, if it believes you have breached these Terms of Service or any other agreements you may have with Player One, if you have engaged in behavior which Player One deems in its sole discretion is not in keeping with the intended spirit of participation in heyVR.io or for any other reason whatsoever. In such an event you agree that Player One will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Account in any case, you agree you will remain fully liable for any outstanding liability owed to Player One. Player One may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Service.
14. Warranty Disclaimer
YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. PLAYER ONE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USE THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. PLAYER ONE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE SITE’S CONTENT, OR THE CONTENT OF ANY PUBLISHER LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF ACCESS TO OUR SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PLAYER ONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLAYER ONE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PLAYER ONE OR ITS AFFILIATES SHALL BE LIABLE IN ANY WAY FOR YOUR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, YOUR ACCOUNT, OR YOUR PURCHASED/SUBMITTED CONTENT, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PLAYER ONE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH HEYVR.IO, THE SERVICES, OR THE CONTENT, EVEN IN THE EVENT OF PLAYER ONE’S OR ITS AFFILIATES’ FAULT, TORT (EXCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF PLAYER ONE’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF PLAYER ONE AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
16. Governing Law/Jurisdiction
German law shall apply. Each party irrevocably and unconditionally submits to the jurisdiction of Germany, and the appropriate courts of appeal from such courts for any other matter concerning this Agreement. You agree that the Service shall be deemed solely based in Germany, is a passive website, and does not give rise to personal jurisdiction over Player One, either specific or general, in jurisdictions other than Germany.
17. Miscellaneous
These Terms of Service, together with the Privacy Policy and any other legal notices published by Player One on the Service, shall constitute the entire agreement between you and Player One concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Player One’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Player One reserves the right to modify and amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Headings and the simplified description of sections are provided for convenience and shall not affect the interpretation of this Agreement.
valid since: January 9, 2023