Terms and Conditions

This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and Spacecreator (“SC,” “we,” “us” or “our”) governing your use of any websites, applications or other software (including without limitation, any software development kits) and/or other online services or properties owned or controlled by SC (collectively, the “Service”). 

BY USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE THE SERVICE.   

Material Terms and Notices: 

As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

• the Service is licensed to you, not sold to you, and you may use the Service only as set forth in this EULA;

• you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the SC Privacy Statement aka.ms/privacy (“Privacy Policy”);

• The Service is provided “as is” without warranties of any kind and SC’s liability to you is limited.

   

1. General Terms and Conditions.
   
   A. Consideration. SC currently provides free access to the Service to each User (defined in Section 2.a below), for each User’s personal enjoyment and/or self-expression.  In return for this free access, you acknowledge and agree that SC may generate revenues, increase goodwill, or otherwise increase the value of SC from your use of the Service, and you will have no right to share in any such revenue, goodwill, or value.  Notwithstanding the foregoing, SC in its sole discretion may choose to implement a fee-based model for access to and/or use of certain aspects of the Service.  If SC conditions access on the payment of a fee, then we will notify you in advance of any such fees and obtain your express consent prior to charging you for access. 
   
   B. Changes to this EULA. You understand and agree that SC may change this EULA at any time without prior notice. SC will endeavor to provide you with prior notice of any material changes.  You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service.  The revised EULA will become effective at the time of posting and your use of the Service after such time will constitute your acceptance of such revised EULA.  If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service.  The terms of this EULA will govern any updates SC provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.  Notwithstanding the preceding sentences of this Section 1.b, no revisions to this EULA will apply to any dispute between you and FS that arose prior to the effective date of such revision.
   
   C. Privacy Policy. Your access to and use of the Service is also subject to SC’s Privacy Policy, the terms and conditions of which are incorporated into this EULA by reference.
   
   D. Jurisdictional Issues. SC makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the European Union.  Those who choose to access or use the Service from locations outside the European Union do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.

    

2. The Service.
   
   A. Description. The Service provides you with access to a variety of virtual environments where you can attend events, socialize with other Users, play fun games and view interesting photographs, audiovisual works and/or other content.
   
   B. Messages. You may send messages to others via messaging service on the Service (collectively, “Messages”).  You agree that (i) you will only send Messages through the Service to others who have given you their prior express consent to receive such Messages; (ii) you, and only you, take all actions necessary to initiate and send all Messages that you transmit to others through the Service, and SC is merely a technology provider that plays no active role whatsoever in initiating and/or sending such Messages; and (iii) you will indemnify and hold SC harmless from any and all claims and losses arising out of your sending Messages to others through the Service to the fullest extent permitted by law.  Without limiting the foregoing, you are solely responsible for all fees and charges associated with any Messages you send through the Service, including, without limitation, any fees or charges imposed by your Carrier. 
   
   
   

3. Registration.
   
   A. Log-In Credentials. In order to enjoy the full benefits of the Service you must register an account with us (“Register”). 
   
   B. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials.  You agree to notify  SC immediately at hello@spacecreator.io if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account.  SC will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying SC of such unauthorized use or loss of your credentials.  Separate log-in credentials may be required to access External Sites.
   
   
   

4. Intellectual Property Rights
   
   A. License. Subject to your complete and ongoing compliance with this EULA, SC hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this EULA.  For clarity, the preceding license applies to your use of any SC software development kit.  
   
   B. Content. The content that SC provides to Users on or through the Service, including, without limitation, any text, audiovisual works (including Live Streams and Recordings), sound recordings, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by SC or its third party licensors (collectively, the “SC Content”).  Moreover, as between SC and you, SC solely owns all design rights, database and compilation rights and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.    

    

5. Restrictions on Use of the Service.
   
   A. Without limiting any other terms of this EULA, when using the Service, you agree not to (and not to attempt to):  

• use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
   
  – decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service;
  
  – engage in behavior that breaks SC’s Community Standards;
  
  – delete or alter any material SC or any other person or entity Posts on the Service;
  
  – frame or link to any of the materials or information available on the Service, or live stream any such content;
  
  – access, tamper with, or use non-public areas of the Service, SC’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of SC’s providers;

1. provide any false personal information to SC;
   
   
   

2. create a false identity or impersonate another person or entity in any way;
   
   
   

3. create a new Account with SC without SC’s express written consent, if SC has previously disabled an Account of yours;
   
   
   

4. solicit personal information (including, but not limited to, photographs) from other Users of the Service;
   
   
   

5. restrict, discourage, or inhibit any person from using the Service, disclose personal information about any third party without the consent of that person;
   
   
   

6. use the Service to (A) send Messages to others who have requested that you not send them Messages; or (B) send Messages to others who have not given you their express consent to receive such Messages;
   
   
   

7. use the Service, without SC’s prior express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
   
   
   

8. gain unauthorized access to the Service, to other Users’ Accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
   
   
   

9. Post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
   
   
   

10. access the Service from a device other than your own;
    
    
    

11. violate any state, or local laws or regulations or the terms of this EULA; or
    
    
    

12. assist or permit any person in engaging in any of the activities described above. 

     

6. Limitation of Liability and Disclaimer of Warranties.
   
   THE TERMS OF THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:  

1. SC PARTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE ACCURACY, RELIABILITY, COMPLETENESS, APPROPRIATENESS OR TIMELINESS THEREOF).  AS A RESULT, THE FS PARTIES WILL NOT BE SUBJECT TO ANY LIABILITY FOR (i) THE APPROPRIATENESS, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER ON OR THROUGH THE SERVICE; (ii) ANY ERRORS, MISTAKES, OR OMISSIONS IN SUCH CONTENT OR INFORMATION; OR (iii) ANY DELAYS OR INTERRUPTIONS TO THE SERVICE.  ACCORDINGLY, THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE AltVR PARTIES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  CONSEQUENTLY, YOU AGREE THAT YOU SOLELY ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE.
   
   
   

2. WITHOUT LIMITING, THE FS PARTIES DO NOT WARRANT THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF ERRORS, COMPUTER VIRUSES, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO FS PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.  
   
   
   

3. IN NO EVENT WILL ANY FS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH FS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

    

   7. Term and Termination of the EULA.  

• Term.  As between you and SC, the term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or SC.  

• Termination.  You may terminate this EULA by sending written notification to SC at hello@spacecreator.io and terminating all other uses of the Service.  SC reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party on or through the Service.  SC may further terminate this EULA for any other reason upon 10 days’ notice to you using the email address associated with your Account credentials or immediately in the event that your email address is no longer current.  SC reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. 

8. Consent to Electronic Communications.
   By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy.  Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  
   
   
   

9. Contact Us.
   If you would like to contact us in connection with your use of the Service, then please contact us at hello@spacecreator.io