Terms of Service
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. If you are not eligible, or do not agree to this EULA, then you do not have our permission to use the Service.
You acknowledge and agree that, as provided in greater detail in this EULA:
the digital Client / App are licensed, not sold to you, and you may use the Service only as set forth in this EULA;
the Service is provided “as is” without warranties of any kind and FTL’s liability to you is limited;
disputes arising under this EULA will be resolved by binding arbitration, and by accepting this EULA, as described in greater detail in Section 24, you and FTL are each waiving the right to a trial by jury or to participate in a class action;
1. FTL Service Overview.
FTL's Service is a platform for experiencing, creating, and publishing social experiences primarily, but not limited to immersive formats. Users can create, share, and interact with virtual worlds and avatars.
You must be at least 13 years of age to use the Service. By agreeing to this EULA, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with all applicable laws and regulations. If you are at least 13 but are under the age of 18, you may only use the Service with your parent's or guardian's consent and your parent or guardian must provide consent after having read this EULA. In such a case you represent and warrant and covenant that both you and your parent or guardian have read and consent to this EULA (including all the conditions, limitations, disclaimers, and waivers provided herein). You further acknowledge and agree that by using the Service you are accepting a benefit that you cannot return or disgorge and that we are relying on your representations regarding your ability to accept and perform this EULA, and you therefore waive any right you may have under applicable law to void, rescind, or otherwise avoid this EULA. If you are a parent or guardian consenting to this EULA on behalf of a child between the ages of 13 and 18, you additionally agree to guarantee and be fully responsible for that person’s performance hereunder, including all financial obligations or liability he or she may incur, and all disclaimers and waivers of applicable legal protections provided herein, and you agree to take all actions (including executing such additional documents or agreements) necessary to effect and perfect the foregoing. In all other cases, you represent that you are 18 years or older and fully competent to enter into this EULA, and you hereby agree and acknowledge that you have read, understood, and agree to be bound by this EULA without modification. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this EULA and you agree to be bound by this EULA on behalf of that organization.
3. Accounts and Registration.
To access most features of the Service, you must register for an account or log in with an exisiting third party account. In registering or using a third party account, you may be required 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 at all times. If and when you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@FTL.com.
4. FTL Software License.
Subject to your complete and ongoing compliance with the terms and conditions in this EULA (including without limitation payment of any applicable fees and compliance with all license restrictions), FTL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to each copy of the Client software (collectively, the “FTL Software”) downloaded directly from FTL’s website or from a legitimate marketplace (such as the Oculus, Steam, Samsung, or PlayStation store), solely in object code format, for your personal use for lawful purposes, on a compatible device you own or control, and to access and use the Service in accordance with this EULA. You may not reproduce, distribute, publicly display, or publicly perform the FTL Software or any part of the Service. Unless, and solely to the extent that, such a restriction is impermissible under applicable law or applicable third party license, you may not: (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the FTL Software, or make or attempt to make any modification to the FTL Software; or (b) interfere with or circumvent any feature of the FTL Software, including without limitation any security, or access control mechanism. You may not use the FTL Software or the Service for any purpose other than a purpose for which the FTL Software and the Service are expressly designed. The term FTL Software, as used in this EULA, includes any update or modification to the FTL Software made available to you by FTL (unless provided with separate terms). If you are prohibited under applicable law from using the FTL Software or the Service, you may not use them. You represent and covenant that you have complied and will continue to comply with the rights and obligations set forth in this Section 4 with regards to your use of any Service previously downloaded or accessed.
5. FTL SDK License.
Subject to your complete and ongoing compliance with the terms and conditions in this EULA and any additional terms included with the SDK, FTL grants you a limited, personal, worldwide, royalty-free, non-exclusive, nonsublicenseable, and nontransferable license to: (a) use a reasonable number of copies of any documentation and other materials (such as sample 3D models and artwork) provided as part of the SDK (collectively, “SDK Materials”) solely in connection with your development of avatars, virtual worlds, and other virtual items for use solely within the Service (“Virtual Content”); (b) reproduce, modify, and use any sample software provided to you in source code format as part of the SDK in either object code or source code formats solely in connection with your development and use of Virtual Content within the Service; and (c) reproduce and distribute any sample software provided to you in object code format as part of the SDK, including any plugins (“SDK Object Code”) in object code format solely in connection with your development and use of Virtual Content within the Service. You will not: (i) transfer, disclose, or distribute any portion of the SDK or SDK Materials or access to either to any third party, except as permitted by the license grant above; (ii) subject any portion of the SDK or SDK Materials to the terms of any “open source” or “creative commons” license; (iii) modify any of the SDK Object Code included with the SDK; or (iv) use the SDK or SDK Materials to develop code, software, or other materials for anything other than for use with the Service.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable. If FTL changes the fees for the Service, including by adding additional fees or charges, FTL will provide you advance notice of those changes. If you do not accept the changes, FTL may discontinue providing the Service to you. FTL will charge the payment method you specify at the time of purchase. You authorize FTL to charge all sums as described in this EULA, for the Service you select, to that payment method. If you pay any fees with a credit card, FTL may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If you use the Service to update or cancel any existing authorized payment, it may take up to 10 business days for the update or cancellation to take effect.
7. User Content
7.1. User Content Generally.
Certain features of the Service may permit users to upload content to the Service, including software code, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content you post to the Service.
7.2. Limited License Grant to FTL.
By posting, publishing, or otherwise developing User Content in the Service, you grant FTL a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You agree that the license granted to FTL under this Section 7.2 applies to any User Content posted, published, or otherwise developed in the Service whether current, past and or in the future.
7.3. Limited License Grant to Other Users.
By posting or sharing User Content via the Service you grant all users a non-exclusive license to access and use that User Content as permitted by this EULA and the functionality of the Service.
7.4. User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content or have the necessary licenses, rights, consents, and permissions to authorise FTL and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by FTL, the Service, and this EULA; and
b. your User Content and the use of your User Content as contemplated by this EULA, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause FTL to violate any law or regulation.
7.5. Deleting User Content.
a. Where permitted you may delete copies or instances of your User Content that you have uploaded to your account through the normal functionality of the Service. If you delete your User Content through use of that functionality, the licenses granted by you in this Section 7 to Your Content terminate as described in this Section 7.5 with respect to the particular copies or instances of your User Content that you have deleted.
b. The termination of the licenses does not apply to any copies or instances of the same User Content that you have not specifically deleted from the Service, including, without limitation, those that may be displayed elsewhere or that may be stored and or used by the Service or other users of the Service.
c. The licenses under this Section 7 that you granted to your User Content that you have deleted through the Service will survive termination solely to allow FTL to: (i) retain server copies of particular instances of your User Content, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) enable the exercise of the licenses granted in this Section 7 for any other copies or instances of the same User Content that you have not specifically deleted from the Service, including those that may be displayed elsewhere or that exist in other users’ account inventories.
7.6. User Content Disclaimer.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. FTL may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this EULA or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Many environments available through FTL are created by other users or third parties, and FTL does not control or actively monitor the content or technical features of these environments. You understand that any environment you enter is at your own risk. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against FTL with respect to User Content. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. If notified by a user or content owner that User Content allegedly does not conform to this EULA, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, FTL does not permit, endorse or encourage copyright-infringing activities on the Service.
8. Digital Millennium Copyright Act
8.1. DMCA Notification.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Future Tech Labs Limited
ATTN: Legal Department (Copyright Notification)
20 Nugent Road, Surrey Research Park, Guildford, GU2 7AF, Surrey, UK. Email: copyright@FTL.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
8.2. Repeat Infringers.
FTL’s policy is to remove any User Content from the Service that is posted by “repeat infringers.” FTL considers a “repeat infringer” to be any user that has uploaded User Content or Feedback to or through the Service and for whom FTL has received more than three takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. FTL has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon FTL’s own determination.
9. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
share, publicly post, copy, or distribute another user’s User Content without their permission;
post, upload, or distribute any User Content or other content that is unlawful, defamatory, libellous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service, including the SDK Object Code, except to the extent that the activity is expressly permitted by applicable law;
upload to the Service any software code, routine, or instructions that interfere with, or otherwise attempt to impair, the operation of the Service, any user’s enjoyment of the Service, or any user’s underlying code or hardware, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
bypass any security or other features of the Service designed to control how the Service is used, harvest, or mine User Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
use any robot, spambot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data;
decipher, reverse engineer, decompile, or disassemble the Service or the FTL Software, or the software used to provide the Service or the FTL Software, in whole or in part, or authorise, direct, or cause a third party to do so;
use, display, mirror, frame, or utilise framing techniques to enclose the Service or any content available through the Service (“Content”), or any portion or component of the Service, unless and solely to the extent FTL provides the means for embedding any part of the Service or the Content;
access, tamper with, or use non-public areas of the Service, FTL’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of FTL’s providers;
use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party;
sell or otherwise transfer the access granted under this EULA or any Materials (as defined below) or any right or ability to view, access, or use any Material; or
attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Termination of Use; Discontinuation and Modification of the Service.
You may terminate your account at any time by contacting customer service at support@FTL.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of this EULA, your permission from us to use the Service will terminate automatically. In addition, FTL may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. This clause covers all changes including but not limited to areas and or features of the Service, whether free or premium.
11. Third-Party Services and Linked Websites.
FTL may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on FTL with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites or content hosted by third party servers, websites and or services. Linked content are not under our control, and we are not responsible for them.
12. Consent to Use of Data.
You agree that FTL may collect and use technical data and related information, including but not limited to UDID and other technical information about your device, system and FTL Software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes. If you are located outside of the United States, you expressly consent to the transfer and processing of your data outside your home jurisdiction.
13. IP Ownership, Reservation of Rights.
The Service, including the FTL Software and SDK, is owned and operated by FTL. The FTL Software, SDK, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the Service (the “Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and FTL, all Materials, including all associated intellectual property rights, are the sole and exclusive property of FTL, its subsidiaries or affiliated companies, or its third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or use the Materials except as expressly authorized under this EULA. FTL reserves all rights not expressly granted in this EULA. You do not acquire any right, title, or interest to the Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
14. Third Party Software.
The software you download comprises a package of components, including certain third party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms”). Your use of the Third Party Software in conjunction with the FTL Software or the SDK in a manner consistent with this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software. The Service may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://www.ftl.ltd/legal/ attribution and/or in the Service’s documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
15. Additional Terms.
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as additional license agreements for any downloadable Materials, SDK Materials, or rules that apply to particular features or content on the Service, subject to the section of this EULA titled “Modification of this EULA”. All Additional Terms are incorporated by this reference into, and made a part of, this EULA.
16. Modification of this EULA.
We reserve the right, at our discretion, to change this EULA on a going-forward basis at any time. Please check this EULA periodically for changes. If a change to this EULA materially modifies your rights or obligations, you will be required to accept the modified EULA in order to continue to use the Service. This EULA will be identified by the most recent date of revision and will be effective immediately upon being made available through FTL.com or otherwise through the Service, except: (a) if any such modification materially alters your rights under this EULA, we will attempt to notify you directly through a message sent to the email address you have provided to FTL, if any, or through a pop-up window or other notification when you access or use the Service; (b) such materially modified EULA will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you; and (c) no modifications to this EULA will apply to any dispute between you and FTL that arose prior to the date of such modification. Your use of the Service after modifications to this EULA become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of this EULA or any modifications to this EULA, then you agree that your sole and exclusive remedy is to discontinue any use of the Service.
If you provide FTL with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Service (“Feedback”), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and FTL will have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Service. You hereby grant FTL a perpetual, irrevocable, non-exclusive license under all rights necessary to so incorporate and use your Feedback for any purpose.
You are responsible for your use of the Service, and you will defend and indemnify FTL and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “FTL Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
19. Disclaimers; No Warranties
THE FTL SOFTWARE, SDK, AND SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FTL ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE FTL ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. FTL EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR FUNCTIONALITY OF LOCATION BASED SERVICES, AND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE. FTL FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER’S NETWORK OR SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FTL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS EULA. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
20. Limitation of Liability
IN NO EVENT WILL THE FTL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FTL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 24.4(iii), THE AGGREGATE LIABILITY OF THE FTL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS EULA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FTL FOR ACCESS TO AND USE OF THE SERVICE IN THE 3 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $1.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS EULA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Third Party Disputes.
FTL IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF ANY SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE FTL (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
22. Governing Law.
This EULA is governed by the laws of the United Kingdom. If a lawsuit or court proceeding is permitted under this EULA, then you and FTL agree to submit to the personal and exclusive jurisdiction of the United Kingdom for the purpose of litigating any dispute. We operate the Service from our offices in the United Kingdom, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
This EULA is the entire and exclusive understanding and agreement between you and FTL regarding your use of the Service. Except as expressly permitted above, this EULA may be amended only by a written agreement signed by authorized representatives of all parties to this EULA. You may not assign or transfer this EULA or your rights under this EULA, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this EULA at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this EULA, or any provision of this EULA, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will have no impact on the interpretation of any provision. If any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of this EULA, Sections 2, and 4 through 25, and any other accompanying agreements, will survive.
24. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and FTL in the most expedient and cost effective manner, you and FTL agree that every dispute arising in connection with this EULA will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND FTL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 24.1, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and FTL will take place at a mutually-agreed location in the county of Surrey, UK.
24.4. Notice; Process.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail with signature required or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). FTL’s address for Notice is: 20 Nugent Road, Surrey Research Park, Guildford, GU2 7AF, Surrey, UK. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 60 days after the Notice is received, you or FTL may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or FTL must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, FTL will pay you the highest of: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by FTL in settlement of the dispute prior to the arbitrator’s award; or (iii) $100.
Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
24.6. No Class Actions.
YOU AND FTL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and FTL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
24.7. Modifications to this Arbitration Provision.
If FTL makes any future change to this arbitration provision, other than a change to FTL’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to FTL’s address for Notice, in which case your account with FTL will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 24.6 is found to be unenforceable or if the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section 24 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to this EULA.
25. Consent to Electronic Communications.
By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
26. Contact Information.
The FTL Software and the Service are offered by Future Tech Labs Limited, located at 20 Nugent Road, Surrey Research Park, Guildford, GU2 7AF, Surrey, UK. You may contact us by sending correspondence to that address or by emailing us at support@FTL.com.
Effective Date: 1 January 2019
Information We Collect on the Service
When you use the Service, we may collect or you may provide information about you and we may link this information with other information about you. You may provide us with information in various ways on the Service. For example, you provide us with information when you register for an account (we will collect your email address, birthday, and allow you to create a username and password), subscribe to our newsletters, use the Service, make a purchase on the Service, or send us customer service-related requests.
In some instances we use login technologies that allow us to log you in to the Service using a third party login, for example an Oculus Account. In these instances certain personal information from the third party including, but not limited to, your username, friends list and avatar icon may be transferred to us so that we can provide you with the Service.
Cookies and Automatically Collected Information:
When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential. We may use third party cookies on our Service as well. For instance, we may use Google Analytics or a similar service to collect and process certain analytics data. To learn more about how Google Analytics uses your information and what choices you have, please visit www.google.com/policies/privacy/partners/. FTL does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use our Service.
We may also automatically record certain information from your device by using various types of technology, including but not limited to “clear gifs" or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
Information Disclosed While Using the Service:
When using the Service, including participation in different “rooms” made available to users of the virtual-reality component of our Service, you may disclose to us and to other users of the Service information about you. This may occur when you engage in conversations, chats, or other user-to-user interactions. We may collect and use this information to the extent permitted by law.
If you choose to access or use parts of the Service that require payments or fees, we may require you to provide financial information to us for the purpose of processing those payments. We may provide your payment information to third party payment processors who process transactions on our behalf. We may also collect and retain information relating to the transactions you conduct.
We may use your IP address to obtain general information about the physical location from which you are connecting to the Internet.
Third Party Web Beacons and Third Party Buttons:
Information from Other Sources:
We may obtain information from third parties and sources other than the Service, such as our partners and advertisers.
How We Use the Information We Collect. We use information we collect on the Service (in both individual and aggregate format) in a variety of ways in providing the Service and operating our business, including the following:
We use the information that we collect on the Service to operate, maintain, enhance and provide the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including required notices, marketing communications, or updates on promotions and events relating to products and services offered by us and by third parties.
When We Disclose Information. Except as described in this Policy, we will not disclose information about you that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
We work with third party service providers who provide website, application development, hosting, payment, maintenance, and other services for us. These third parties may have access to or process information about you as part of providing those services for us. We require our service providers to agree to maintain the confidentiality of such information.
We may disclose information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
We also reserve the right to disclose information about you that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
We may make certain aggregate or otherwise non-personal or de-identified information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update your profile information through the Service. If you wish to access, update, delete or amend any other personal information we hold about you, you may contact us at email@example.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at firstname.lastname@example.org or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Our Site is a general audience site not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below and we will delete any such account or profile and associated information.
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
The Service is hosted on various servers located across the globe, including but not limited to the US and UK. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from policies and laws of other countries, then please note that you are transferring your personal information outside of those regions for storage and processing. Also, we may transfer your data between countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the effective date. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
How to Contact Us
Please contact us with any questions or comments about this Policy, information we have collected or otherwise obtained about you, our use and disclosure practices, or your consent choices by email at email@example.com.