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END USER LICENSE AGREEMENT - Walk the Plank VR
Last updated: December 2024
This End User License Agreement (“EULA”) applies to and governs any and all use of the software product known as “Walk the Plank VR” (the “Game”).
Please read the EULA carefully before using, downloading, purchasing or installing the Game – in particular please ensure you have read section 4 (Termination), section 7 (User Rules), section 8 (Health and Safety) and section 10 (indemnity and remedies). By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA. If you do not agree with the terms of this EULA, you may not use, download or install the Game.
The Game is compatible with Meta Quest (the “Platform”). Please note that in order to use the Game you must already own and have access to one of the Platform which requires a separate purchase. You are responsible for ensuring that you have the appropriate hardware and internet connection to purchase, download, install, access, store and play the Game.
You also agree and acknowledge that to purchase, download, install, access, store and play the Game you may be required to comply with additional terms and conditions in relation to the Game and/or the Platforms. You agree that you have familiarised yourself with the health and safety guidelines for the relevant Platform which can be found here (https://www.meta.com/legal/quest/health-and-safety-warnings/). Where you are in breach of such terms and conditions and/or do not follow such guidelines, we shall not have any liability to you.
GamesDigits Ltd (“GamesDigits”, “we”, “us”) is a company registered in Wales with registered address 37 Lon Carreg Bica, Swansea, Wales. If you have any queries concerning this EULA you may contact us at: admin@gamedigits.co.uk
1. Limited Use Licence
1.1 GameDigits hereby grants a limited, non-exclusive right and licence to you for you to download, install (if applicable) and use the Game for your personal, non-commercial use only on compatible devices and Platforms that are owned by you, subject to the terms of this EULA. This EULA and your use of the Game does not give you any rights of ownership in any property whether tangible or intangible in relation to the Game.
1.2 The Game comprises of copyright works of GameDigits and/or its partners and licensors. The Game is licensed, not sold. The license granted to you by Section 1.1 confers you no title or ownership in the Game. The Game is solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited.
1.3 You use, download and install the Game at your own risk, knowing that it is provided “as is” and potentially with faults. You acknowledge this and agree that GameDigits shall not have any liability to you for the use, misuse or malfunction of the Game that causes any damage to your device. You are advised to back-up and otherwise safeguard all data and software on your hardware and to not rely on the correct functioning or performance of the Game.
2. End User Obligations
2.1 You must not do any of the following with the Game except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where the Game expressly permits you to do so through sharing content in that Game / on social media);
2.1.2 engage in any act that we deem to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.1.3 attempt to gain unauthorised access to the Game or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Skirmish Mode Games; or
2.2.4 use the Game for any illegal or immoral purposes including without limitation using the Game to simulate any illegal or immoral scenarios or situations within the Game.
3. Ownership
3.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game are owned by, belong to and vest in GameDigits and its licensors.
3.2 The Game may contain certain licensed materials licensed by third parties to GameDigits. All trade marks and other rights are the property of their respective owners.
3.3 The Game may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies, brands or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners.
4. Termination
4.1 This EULA and the licences granted by it are effective until terminated.
4.2 We may temporarily discontinue the Game, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
4.3 You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device.
4.4 We may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason, or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this EULA, which may include banning users. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this EULA. However, if what you have done can be rectified, we will give you a reasonable opportunity to do so.
4.5 We may at our discretion decide to wholly discontinue the Game and thereby terminate this EULA. In such circumstances, where you have not had a reasonable period of opportunity to enjoy any paid-for content, we may offer you a partial, pro-rated refund. We will use all reasonable endeavours to provide reasonable notice to you if we are suspending or discontinuing the Game in such circumstances.
4.6 Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part, including by way of discontinuing the Game) for any reason at our discretion upon reasonable notice to you and the following would apply:
4.6.1 if your use of the Game was provided to you free of charge, you will not be entitled to any compensation or any refund; and
4.6.2 if you paid for the Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for content, we may offer you a partial or full refund.
4.7 Following termination of this EULA for the Game for any cause, you will no longer be permitted to use the Game and you will be required to delete the Game from your devices.
5. Warranty and Limitation of Liability
5.1 GameDigits warrants that it has used and will use reasonable efforts to ensure that:
5.1.1 It is entitled to grant the rights and licences granted hereunder; and
5.1.2 The Game will be as described, fit for purpose, and of satisfactory quality.
5.2 Except as specifically provided in this EULA and to the maximum extent permitted by law:
5.2.1 The Game is provided on an “as is” and “as available” basis without any other warranty or guarantee of any kind (express or implied) other than those set out in this EULA. GameDigits does not warrant that the use of the Game or any of its features or functionality will be uninterrupted or error free or that error and their consequences can be corrected;
5.2.2 GameDigits only accepts liability for direct loss as a result of its breach of its warranties in Section 5.1 above, unless otherwise set out in this EULA;
5.2.3 Subject to Sections 5.3 and 5.2.4, GameDigits and its licensors’ maximum liability will be limited to the price you paid to use the Game or, where no price was paid, $1; and
5.2.4 GameDigits and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your device or other digital content which you own, is caused by the Game as a result of GameDigits‘ failure to use reasonable care and skill, in which case your exclusive remedy against GameDigits is limited to GameDigits being obligated to repair your device or provide equivalent financial compensation to enable you to repair your device).
5.3 This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, death or personal injury caused by GameDigits’ negligence.
5.4 GameDigits provides no warranties and excludes all liability to you (subject to section 5.3 above) where the Game is used in conjunction with third party applications, mods or add-ons which modifies and/or impairs the functionality of the Game and / or any of its features.
6. Age Restrictions
6.1 GameDigits does not target the Game to users under 13 years of age. To use the Game you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
6.2 GameDigits does not knowingly collect any personal data from those under the age of 13. However, in the event that you believe we have done so, please contact us to let us know and we will then delete that data. You can contact us here: admin@gamedigits.co.uk
7. User Rules
7.1 You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute GameDigits or the Game.
7.2 You will cooperate fully with GameDigits to investigate any suspected illegal, fraudulent or improper activity.
7.3 You fully acknowledge and understand that the Game is intended to be for entertainment purposes only.
8. Health AND Safety
8.1 The Game may contain flashing lights, realistic images and simulations. Please consult the relevant health and safety precautions, and operating instructions, for the device and any applicable Platform before downloading, installing, and using the Game.
8.2 The Game may contain content which some users may find frightening or intense. You agree and acknowledge that GameDigits and its licensors will have no liability for you to any injury or damage to property as a result of your use of the Game.
8.3 Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when using virtual reality (“VR”) equipment (including VR headsets and sensors) and viewing VR content. This may happen where a person has not previously suffered in this way and has no known symptoms or history of such side effects. If you or anyone considering using the Game suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Platform. If you or they are already using the Platform please stop and consult a doctor.
8.4 If you or any part of you feels tired, fatigue or discomfort whilst playing the Game or using the Platform, please stop and rest. If it continues after you stop using the Platform, please consult a doctor. If you have suffered or suffer from an injury the use of software, particularly together with VR equipment, can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
8.5 PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SOFTWARE WITH VR EQUIPMENT:
8.5.1 ALWAYS READ THE RELEVANT HEALTH AND SAFETY INFORMATION AND OPERATING INSTRUCTIONS FOR THE APPLICABLE PLATFORM BEFORE USING THE PLATFORM AND BEFORE USING VR EQUIPMENT;
8.5.2 only use the Platform with VR equipment in a safe environment;
8.5.3 be aware of your surroundings before using the Platform with VR equipment;
8.5.4 do not use the Platform with VR equipment, if you are sick, sleep, or feel tired, fatigue or discomfort, under the influence of alcohol or drugs, or hung-over;
8.5.5 do not use the Platform with VR equipment while in a moving vehicle such as a car, bus, or train or while walking; and
8.5.6 do not use the Platform with VR equipment for too long at any one time. Please follow all guidance applicable to or accompanying the Platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
9. Consumer Rights
9.1 This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
9.2 When you purchase the Game directly from GameDigits (if applicable), you are entitled to cancel the purchase within 14 days and to receive a full refund (your “Cooling-Off Right”). If you have made a purchase from GameDigits, have not begun using the Game and wish to exercise your Cooling-Off Right you can contact us by email at admin@gamedigits.co.uk or by post at 37 Lon Carreg Bica, Swansea, Wales SA7 9QH. If you have made a purchase of the Game from a third party, you may be required to (and you shall be responsible for) complying with such third party’s refund and returns policy and GameDigits shall have no liability to you in respect of such third party’s terms and or policies.
10. Indemnity and Remedies
10.1 You hereby indemnify (agree to compensate), and agree to defend and hold GameDigits and its affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Game, and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with GameDigits in the defence of any such claim and GameDigits reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10.2 You further agree that the subject matter of this EULA is of a unique character with special value and that GameDigits would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that GameDigits shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as GameDigits may otherwise have available to it under applicable laws.
10.3 GameDigits’ licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
11. Data Protection
Please be aware that any personal data you supply to us when using the Game will be used by us in accordance with our Privacy and Cookie Policy. Please read our Privacy and Cookie Policy carefully.
12. Changes To This Eula
We may update the terms of this EULA from time to time for any reason by posting the updated version to our service/website (and/or in-Game, if we provide you with this EULA there) but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game or purchase the Game or Virtual Items you are deemed to have accepted the latest version of this EULA in place at that time. Please check on our website (and/or in-Game, if we provide you with this EULA there) for any updates to the EULA each time you launch the Game on your device.
13. General
13.1 This EULA constitutes the entire agreement between GameDigits and you in respect of its subject matter.
13.2 Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.3 We may transfer our rights and obligations under this EULA to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
13.4 In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of this EULA shall, in any event, remain in full force and effect.
13.5 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there.
Last updated: December 2024
This End User License Agreement (“EULA”) applies to and governs any and all use of the software product known as “Walk the Plank VR” (the “Game”).
Please read the EULA carefully before using, downloading, purchasing or installing the Game – in particular please ensure you have read section 4 (Termination), section 7 (User Rules), section 8 (Health and Safety) and section 10 (indemnity and remedies). By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA. If you do not agree with the terms of this EULA, you may not use, download or install the Game.
The Game is compatible with Meta Quest (the “Platform”). Please note that in order to use the Game you must already own and have access to one of the Platform which requires a separate purchase. You are responsible for ensuring that you have the appropriate hardware and internet connection to purchase, download, install, access, store and play the Game.
You also agree and acknowledge that to purchase, download, install, access, store and play the Game you may be required to comply with additional terms and conditions in relation to the Game and/or the Platforms. You agree that you have familiarised yourself with the health and safety guidelines for the relevant Platform which can be found here (https://www.meta.com/legal/quest/health-and-safety-warnings/). Where you are in breach of such terms and conditions and/or do not follow such guidelines, we shall not have any liability to you.
GamesDigits Ltd (“GamesDigits”, “we”, “us”) is a company registered in Wales with registered address 37 Lon Carreg Bica, Swansea, Wales. If you have any queries concerning this EULA you may contact us at: admin@gamedigits.co.uk
1. Limited Use Licence
1.1 GameDigits hereby grants a limited, non-exclusive right and licence to you for you to download, install (if applicable) and use the Game for your personal, non-commercial use only on compatible devices and Platforms that are owned by you, subject to the terms of this EULA. This EULA and your use of the Game does not give you any rights of ownership in any property whether tangible or intangible in relation to the Game.
1.2 The Game comprises of copyright works of GameDigits and/or its partners and licensors. The Game is licensed, not sold. The license granted to you by Section 1.1 confers you no title or ownership in the Game. The Game is solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited.
1.3 You use, download and install the Game at your own risk, knowing that it is provided “as is” and potentially with faults. You acknowledge this and agree that GameDigits shall not have any liability to you for the use, misuse or malfunction of the Game that causes any damage to your device. You are advised to back-up and otherwise safeguard all data and software on your hardware and to not rely on the correct functioning or performance of the Game.
2. End User Obligations
2.1 You must not do any of the following with the Game except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where the Game expressly permits you to do so through sharing content in that Game / on social media);
2.1.2 engage in any act that we deem to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.1.3 attempt to gain unauthorised access to the Game or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Skirmish Mode Games; or
2.2.4 use the Game for any illegal or immoral purposes including without limitation using the Game to simulate any illegal or immoral scenarios or situations within the Game.
3. Ownership
3.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game are owned by, belong to and vest in GameDigits and its licensors.
3.2 The Game may contain certain licensed materials licensed by third parties to GameDigits. All trade marks and other rights are the property of their respective owners.
3.3 The Game may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies, brands or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners.
4. Termination
4.1 This EULA and the licences granted by it are effective until terminated.
4.2 We may temporarily discontinue the Game, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
4.3 You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device.
4.4 We may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason, or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this EULA, which may include banning users. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this EULA. However, if what you have done can be rectified, we will give you a reasonable opportunity to do so.
4.5 We may at our discretion decide to wholly discontinue the Game and thereby terminate this EULA. In such circumstances, where you have not had a reasonable period of opportunity to enjoy any paid-for content, we may offer you a partial, pro-rated refund. We will use all reasonable endeavours to provide reasonable notice to you if we are suspending or discontinuing the Game in such circumstances.
4.6 Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part, including by way of discontinuing the Game) for any reason at our discretion upon reasonable notice to you and the following would apply:
4.6.1 if your use of the Game was provided to you free of charge, you will not be entitled to any compensation or any refund; and
4.6.2 if you paid for the Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for content, we may offer you a partial or full refund.
4.7 Following termination of this EULA for the Game for any cause, you will no longer be permitted to use the Game and you will be required to delete the Game from your devices.
5. Warranty and Limitation of Liability
5.1 GameDigits warrants that it has used and will use reasonable efforts to ensure that:
5.1.1 It is entitled to grant the rights and licences granted hereunder; and
5.1.2 The Game will be as described, fit for purpose, and of satisfactory quality.
5.2 Except as specifically provided in this EULA and to the maximum extent permitted by law:
5.2.1 The Game is provided on an “as is” and “as available” basis without any other warranty or guarantee of any kind (express or implied) other than those set out in this EULA. GameDigits does not warrant that the use of the Game or any of its features or functionality will be uninterrupted or error free or that error and their consequences can be corrected;
5.2.2 GameDigits only accepts liability for direct loss as a result of its breach of its warranties in Section 5.1 above, unless otherwise set out in this EULA;
5.2.3 Subject to Sections 5.3 and 5.2.4, GameDigits and its licensors’ maximum liability will be limited to the price you paid to use the Game or, where no price was paid, $1; and
5.2.4 GameDigits and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage (save to the extent that damage to your device or other digital content which you own, is caused by the Game as a result of GameDigits‘ failure to use reasonable care and skill, in which case your exclusive remedy against GameDigits is limited to GameDigits being obligated to repair your device or provide equivalent financial compensation to enable you to repair your device).
5.3 This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, death or personal injury caused by GameDigits’ negligence.
5.4 GameDigits provides no warranties and excludes all liability to you (subject to section 5.3 above) where the Game is used in conjunction with third party applications, mods or add-ons which modifies and/or impairs the functionality of the Game and / or any of its features.
6. Age Restrictions
6.1 GameDigits does not target the Game to users under 13 years of age. To use the Game you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
6.2 GameDigits does not knowingly collect any personal data from those under the age of 13. However, in the event that you believe we have done so, please contact us to let us know and we will then delete that data. You can contact us here: admin@gamedigits.co.uk
7. User Rules
7.1 You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute GameDigits or the Game.
7.2 You will cooperate fully with GameDigits to investigate any suspected illegal, fraudulent or improper activity.
7.3 You fully acknowledge and understand that the Game is intended to be for entertainment purposes only.
8. Health AND Safety
8.1 The Game may contain flashing lights, realistic images and simulations. Please consult the relevant health and safety precautions, and operating instructions, for the device and any applicable Platform before downloading, installing, and using the Game.
8.2 The Game may contain content which some users may find frightening or intense. You agree and acknowledge that GameDigits and its licensors will have no liability for you to any injury or damage to property as a result of your use of the Game.
8.3 Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when using virtual reality (“VR”) equipment (including VR headsets and sensors) and viewing VR content. This may happen where a person has not previously suffered in this way and has no known symptoms or history of such side effects. If you or anyone considering using the Game suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Platform. If you or they are already using the Platform please stop and consult a doctor.
8.4 If you or any part of you feels tired, fatigue or discomfort whilst playing the Game or using the Platform, please stop and rest. If it continues after you stop using the Platform, please consult a doctor. If you have suffered or suffer from an injury the use of software, particularly together with VR equipment, can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
8.5 PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SOFTWARE WITH VR EQUIPMENT:
8.5.1 ALWAYS READ THE RELEVANT HEALTH AND SAFETY INFORMATION AND OPERATING INSTRUCTIONS FOR THE APPLICABLE PLATFORM BEFORE USING THE PLATFORM AND BEFORE USING VR EQUIPMENT;
8.5.2 only use the Platform with VR equipment in a safe environment;
8.5.3 be aware of your surroundings before using the Platform with VR equipment;
8.5.4 do not use the Platform with VR equipment, if you are sick, sleep, or feel tired, fatigue or discomfort, under the influence of alcohol or drugs, or hung-over;
8.5.5 do not use the Platform with VR equipment while in a moving vehicle such as a car, bus, or train or while walking; and
8.5.6 do not use the Platform with VR equipment for too long at any one time. Please follow all guidance applicable to or accompanying the Platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
9. Consumer Rights
9.1 This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
9.2 When you purchase the Game directly from GameDigits (if applicable), you are entitled to cancel the purchase within 14 days and to receive a full refund (your “Cooling-Off Right”). If you have made a purchase from GameDigits, have not begun using the Game and wish to exercise your Cooling-Off Right you can contact us by email at admin@gamedigits.co.uk or by post at 37 Lon Carreg Bica, Swansea, Wales SA7 9QH. If you have made a purchase of the Game from a third party, you may be required to (and you shall be responsible for) complying with such third party’s refund and returns policy and GameDigits shall have no liability to you in respect of such third party’s terms and or policies.
10. Indemnity and Remedies
10.1 You hereby indemnify (agree to compensate), and agree to defend and hold GameDigits and its affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Game, and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with GameDigits in the defence of any such claim and GameDigits reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
10.2 You further agree that the subject matter of this EULA is of a unique character with special value and that GameDigits would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that GameDigits shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as GameDigits may otherwise have available to it under applicable laws.
10.3 GameDigits’ licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
11. Data Protection
Please be aware that any personal data you supply to us when using the Game will be used by us in accordance with our Privacy and Cookie Policy. Please read our Privacy and Cookie Policy carefully.
12. Changes To This Eula
We may update the terms of this EULA from time to time for any reason by posting the updated version to our service/website (and/or in-Game, if we provide you with this EULA there) but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game or purchase the Game or Virtual Items you are deemed to have accepted the latest version of this EULA in place at that time. Please check on our website (and/or in-Game, if we provide you with this EULA there) for any updates to the EULA each time you launch the Game on your device.
13. General
13.1 This EULA constitutes the entire agreement between GameDigits and you in respect of its subject matter.
13.2 Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.3 We may transfer our rights and obligations under this EULA to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
13.4 In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of this EULA shall, in any event, remain in full force and effect.
13.5 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there.