EULA
END USER LICENSE AGREEMENT
Thank you for your interest in VR FC, a virtual reality sports & social hangout game ("VR FC" or the
"Game"). VR FC is offered by CHERRY POP GAMES.
To play VR FC, CHERRY POP GAMES requires that you review and agree to the following terms and
conditions of this End User License Agreement ("EULA"). This EULA describes the terms and conditions
under which you may use and play VR FC. By downloading and/or playing VR FC, you accept the terms
and conditions in the EULA. If you do not accept the terms and conditions in the EULA, you must not
download, access or play VR FC and must discontinue its use immediately.
REQUIREMENTS TO PLAY
To play VR FC, you must: (i) pay a fee, as charged by CHERRY POP GAMES's Partners, for your copy of
VR FC; (ii) download a copy of VR FC to an authorized system and (iii); comply with this EULA.
TERMINATION; SUSPENSION OF ACCOUNT
A. By CHERRY POP GAMES for Termination of the Game
CHERRY POP GAMES does not guarantee that it will continue to support the Game indefinitely. CHERRY
POP GAMES may, in its sole discretion, cease to provide any or all of the items or services offered in
connection with VR FC (including patches and updates) and terminate the EULA. CHERRY POP GAMES
may communicate such termination to you upon 30 days’ notice in any of the following manners: (i) when
you log into your Account(ii) in a notice on CHERRY POP GAMES's website; (iii) via electronic mail; or (iv)
in another manner that CHERRY POP GAMES deems suitable to inform you of the termination. If
CHERRY POP GAMES terminates the EULA pursuant to this section, you will not be entitled to receive a
refund of any Fees.
B. By CHERRY POP GAMES for Breach or Misconduct
CHERRY POP GAMES, in its sole discretion, may immediately and without notice terminate the EULA and
cancel all rights granted to you under the EULA if: (i) you fail to pay the fee when due; (ii) CHERRY POP
GAMES is unable to verify or authenticate any information you provide; (iii) you or anyone using accessing
VR FC materially breaches the EULA, makes any unauthorized use of the Game, or infringes the rights of
CHERRY POP GAMES, or any third party; or (iv) CHERRY POP GAMES becomes aware of gameplay that
is, in CHERRY POP GAMES's discretion, inappropriate, offensive, or in violation of the rules of conduct.
CHERRY POP GAMES may, but is not obligated to, provide notice of termination via electronic mail, or any
other means reasonably calculated to reach you.
Termination by CHERRY POP GAMES under this section shall be without prejudice to or waiver of any and
all of CHERRY POP GAMES's other rights or remedies, all of which are expressly reserved, survive
termination, and are cumulative. You will not be entitled to receive a refund of any fees for a termination
pursuant to this section.
C. By You
i. Termination of EULA
You may terminate the EULA upon notice to CHERRY POP GAMES via electronic mail. Upon termination
of the EULA, you must cease playing and/or accessing the Game immediately. Upon termination of the
EULA, you will not be entitled to receive a refund of any fees in the event of such termination.
ii. Change in the EULA
If an amendment alters a term of the EULA that is unacceptable to you, you may, as your sole and
exclusive remedy, terminate the EULA. You may terminate the EULA by notifying CHERRY POP GAMES
via electronic mail to TERM_EULA at CHERRY POP GAMES dot COM within thirty (30) days after the
amended EULA was communicated to you, provided that you have not downloaded, accessed or played
the Game during that period. Your notice must state that you do not agree to the amended EULA,
specifically describing the amendment(s) with which you disagree, and that you wish to terminate the
EULA. You will not be entitled to receive a refund of any fees in the event of such termination. If you
download and/or continue to access or play the Game, you shall be deemed to have accepted the
amended EULA and waive your rights to terminate under this section.
D. Effects of Termination
If for any reason the EULA is terminated, all rights granted to you under the EULA will terminate, unless
expressly reserved by applicable law. You must discontinue your use of the Game, you may not access or
play the Game, and all the acquired attributes within the game, including, but not limited to progress, will be
lost. If for any reason the EULA is terminated, you will not be entitled to compensation for the past time you
spent playing VR FC, or for any other compensation.
CONDUCT
A. Specifically Restricted Conduct
Your license to play the Game is subject to proper conduct. Without limiting CHERRY POP GAMES's rights
to control the Game environment, and the conduct of the players within that environment, CHERRY POP
GAMES prohibits the following practices:
You may not use your own or third-party software to modify any content appearing within the Game
environment or change how the Game is played.
You may not use your own or any third-party software, macros or other stored rapid keystrokes or other
patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when
compared with ordinary Game play. You may not rewrite or modify the user interface or otherwise
manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired
or achieved in the Game.
You may not use any information accessible through the Game, to bypass the Game architecture or create
or provide any other means through which the Game may be accessed and/or the Game may be played by
others, as, for example, through server emulators.
You may not submit any content to any chat room or other public forum hosted by CHERRY POP GAMES
that is harassing, abusive, threatening, harmful, obscene, libelous or defamatory, encourages conduct that
could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way, including
without limitation the submission of content that infringes on a third-party’s intellectual property rights.
B. Compliance with Rules of Conduct
You agree to observe and abide by these rules of conduct, as amended by CHERRY POP GAMES from
time to time, as well as any additional rules of conduct or terms of use published by CHERRY POP
GAMES for VR FC. Additional rules of conduct or terms of use, if any, may be viewed
at http://www.vrfcgame.com, and are incorporated in the EULA by reference.
Transmissions of information by you to CHERRY POP GAMES are not private. You acknowledge and
agree that you have no expectation of privacy regarding transmission of information you make in the
Game.
SEIZURE WARNING
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing
lights. Exposure to certain light patterns or backgrounds on a virtual reality device may induce an epileptic
seizure, even in persons who have no history of prior seizures or epilepsy.
LICENSE
A. Limited License
Subject to the other terms of the EULA, CHERRY POP GAMES grants you a limited, non-exclusive,
revocable license to use VR FC and its accompanying documentation solely in order to play the Game.
You may use only one copy of the Game. You must pay for and download a separate copy of the Game for
each device you intend to use to access and play the Game on; e.g., if you have 2 devices, you must have
2 licensed copies of the Game. You may make one (1) copy of the Game for backup or archival purposes.
B. Specific Restrictions
Any and all rights not expressly granted by CHERRY POP GAMES herein are reserved, and no license,
permission or right of access or use not granted expressly herein shall be implied.
You may not intercept any information accessible through the Game for any purpose other than playing VR
FC in accordance with the EULA.
You may not copy (except as set forth above), distribute, rent, lease, loan, modify or create derivative
works of, adapt, translate, perform, display, sublicense or transfer the Game or any documentation
accompanying the Game. You may not transfer the Game except as permitted by the EULA.
You may not copy, distribute, rent, lease, loan, modify or create derivative works of, adapt, translate,
perform, display, sublicense or transfer any information accessible through the Game, including without
limitation, any part of the Game content or any item, object or character in the Game.
You may not reverse engineer, disassemble or decompile, or attempt to reverse engineer or derive source
code from, all or any portion of the Game, or from any information accessible through the Game (including,
without limitation, data packets transmitted to and from CHERRY POP GAMES's systems over the
Internet), or anything incorporated therein, or analyze, decipher, "sniff" or derive code (or attempt to do any
of the foregoing) from any packet stream transmitted to or from the Game, whether encrypted or not, or
permit any third party to do any of the same, and you hereby expressly waive any legal rights you may
have to do so. If the Game contains license management technology, you may not circumvent or disable
that technology. This section shall apply to the fullest extent permitted by applicable law.
C. Software Updates
CHERRY POP GAMES may from time to time update or otherwise modify the Game electronically, or
require you to install updates, patches or fixes to the Game (“Updates”). Updates may change the Game’s
terms, conditions, features, items, mechanics, or any other element of the Game. You must install such
Updates before you will be allowed to proceed to play the Game. If you fail to install the new release when
required, CHERRY POP GAMES shall not be responsible in any way for your inability to play VR FC, and
you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
D. New Releases of the Software
You are not entitled to receive any new releases of the Game, or any expansion packs, updates, upgrades
or similar products under the EULA, but CHERRY POP GAMES may, in its sole discretion, offer any or all
of the foregoing to you. CHERRY POP GAMES may provide new releases or otherwise enhance the Game
at any time, in its sole discretion, without obligation to you. Any such new release or other enhancement of
the Game may change the Game’s terms, conditions, features, items, mechanics, or any other element of
the Game. Periodically, CHERRY POP GAMES will require all users to migrate to new releases of the
Game in order to continue to play it. If you fail to update the Game and install the new release when
required, CHERRY POP GAMES shall not be responsible in any way for your inability to play VR FC, and
you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.
PROPRIETARY RIGHTS
As between you and CHERRY POP GAMES, CHERRY POP GAMES are the sole and exclusive owners of
the Game and Game Content (as defined below). The Game and all Game Content are protected by law
governing copyrights, trademarks and other proprietary rights. CHERRY POP GAMES reserves all rights
not expressly stated herein.
The Game is comprised of, without limitation, software code, programs, routines, subroutines, objects, files,
data, characters (and items, objects and attributes comprising or associated with a character), graphics,
sound effects, music, animation, video, text, content, layout, design and other information downloaded from
and accessible through the Internet when applicable (collectively, the "Game Content"). CHERRY POP
GAMES, its affiliates, licensors and/or suppliers retain all of their right, title and interest (including without
limitation all intellectual property rights) in and to the Game and all Game Content, and no rights thereto are
transferred to you, except for the limited license granted above.
You hereby irrevocably, and without additional consideration beyond the rights granted to you herein,
assign to CHERRY POP GAMES any and all right, title and interest you have, including copyrights, in or to
any and all information you exchange, transmit or upload while playing the Game, including without
limitation all files, data and information. To the extent that any such rights are not assignable, you hereby
grant CHERRY POP GAMES an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free
license, fully sublicensable through multiple tiers, to exercise all intellectual property and other rights, in and
to all or any part of such information, in any medium now known or hereafter developed.
Violation of CHERRY POP GAMES's proprietary rights is a material breach of the EULA, in the event of
which CHERRY POP GAMES may terminate the EULA and take whatever additional action CHERRY POP
GAMES deems appropriate under the circumstance. The foregoing is without prejudice to or waiver of any
and all of CHERRY POP GAMES's other rights and remedies, all of which are expressly reserved, survive
termination, and are cumulative.
WARRANTIES, DAMAGES AND LIMITATION OF LIABILITY
The Game, all Game Content, and all other services and material provided in connection therewith, are
provided "AS IS," with all faults, and without warranty of any kind. You assume all risk of use and all risk
associated with playing the Game.
CHERRY POP GAMES disclaim all warranties, whether express or implied, including without limitation the
warranties of merchantability, fitness for particular purpose and non-infringement. There is no warranty
against interference with your enjoyment of the Game. CHERRY POP GAMES do not warrant that the
operation of the Game or your access to the Game, or that your use of the Game will be uninterrupted or
error-free, or that the Game will be compatible with your hardware and software. In the event of a
malfunction of, or your inability to use, the Game you have downloaded, your sole and exclusive remedy
shall be a replacement download, and CHERRY POP GAMES shall have no liability for the faulty
download.
In no event shall CHERRY POP GAMES, its affiliates, CHERRY POP GAMES's Partners, licensors or
suppliers be liable to you or to any third party for any special, indirect, incidental, consequential, punitive or
exemplary damages (including without limitation, lost profits or lost or corrupted data), arising out of or in
connection with the Game, Game Content, the EULA, or any other services or materials provided in
connection therewith, whether based on warranty, contract, tort or any other legal theory, and whether or
not CHERRY POP GAMES is advised of the possibility of such damages, and even if any stated remedy
fails of its essential purpose.
Nothing in this EULA shall limit any party’s liability in respect of fraud, death, personal injury, or anything
else in respect of which liability may not be limited as a matter of law. If any of the foregoing disclaimers or
limitations of liability in this or elsewhere in the EULA are declared to be void or unenforceable, then
CHERRY POP GAMES's liability shall be limited to the maximum extent permissible under applicable law.
The remedies set forth herein are exclusive and in lieu of all other remedies, oral or written, express or
implied.
INDEMNITY
You shall defend, indemnify and hold harmless CHERRY POP GAMES and its affiliates, licensors and
suppliers, and their respective employees, contractors, officers and directors, from any and all claims, loss,
damages and demands, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the
Game; (ii) any activities conducted with your copy of the Game (whether by you or another person); and (iii)
your playing of the Game.
AMENDMENTS TO EULA
CHERRY POP GAMES may, in its sole discretion, amend the EULA from time to time by posting an
amended version at VR FC STEAM STORE PAGE or http://www.vrfcgame.com
and/or notifying you when you attempt to access the Game. You must accept the amended EULA in order
to continue to play the Game.
If the amendment alters a material term of the EULA that is unacceptable to you, you may, as your sole
and exclusive remedy, terminate the EULA and close your Account as described in Section 2, Termination.
GOVERNING LAW AND JURISDICTION
The EULA, and the rights and obligations of the parties hereto, shall be governed and construed by and in
accordance with the laws of England. The parties hereby submit to the exclusive jurisdiction of the courts of
England and Wales for any legal action arising out of this Agreement or performance of the obligations
hereunder The EULA shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the
EULA, or otherwise relating to any rights in, access to or use of the Game, Game Content and/or the rights
and obligations of the parties hereto, shall be the jurisdiction of the courts of England and Wales
Notwithstanding the foregoing, CHERRY POP GAMES shall be entitled to issue legal proceedings against
you in any other competent jurisdiction. Where permitted, you hereby expressly waive and agree not to
raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and
agree to the jurisdiction of the Icelandic courts. However, CHERRY POP GAMES shall be entitled to seek
injunctive relief in any jurisdiction in which this EULA is being breached or CHERRY POP GAMES’s
interests are being prejudiced.
The EULA will be published in English. The EULA may be translated into one or more additional languages
for convenience of the reader. If the EULA is published in any language other than English, the English
language version of the EULA will be the governing agreement and shall control all interpretation thereof.
MISCELLANEOUS
If any part of the EULA is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties
expressed in the EULA, and the remaining portions shall remain in full force and effect.
You shall comply with all applicable laws regarding your access to and use of the Game.
Except as otherwise provided herein, you may not assign or transfer the EULA or your rights thereunder,
and any attempt to do so is void. Except as provided above, or in a writing signed by both parties, the
EULA may not be modified or amended. No distributor, agent or employee of CHERRY POP GAMES is
authorized to make any modifications or additions to the EULA.
All notices to CHERRY POP GAMES required or permitted by the EULA shall be by electronic mail
at http://www.vrfcgame.com, unless stated otherwise in the EULA.
