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.