Terms of Service

Revision 1.0, updated on July 7th, 2020.

 

High Fidelity

We currently use High Fidelity’s metaverse services by default. While using it, you will have to agree to their terms of service to create and use an account.

Vircadia

1. Privacy

Vircadia’s privacy policy can be viewed here.

2. Communications and Content

Vircadia is a fully decentralized metaverse solution, comprised of multiple components. It allows users to send information (such as audio, video, text, images, 3D models, and so on) to other users and the servers on which they reside and communicate with.

However, there are some services on Vircadia’s installs that do connect to servers hosted by the Vircadia open source collaborators and its core team. This is because defaults are necessary for a proper first time experience.

Upon registration or login (even anonymously) to the software, you accept that data will be collected on you or your account in order for the servers and software to effectively fulfill their normal duties of operation. This is generally unavoidable per normal operation of the software, if you do not agree, you may not use the software and/or its related services in any capacity.

By using Vircadia, you agree to give Vircadia’s core team all rights necessary to operate Vircadia. This includes, but is not limited to, a license and permission to process, transmit, and display the information you send through Vircadia. It also includes permission to gather and share information as described in the Privacy Notice for Vircadia.

When you submit information to Vircadia, you continue to own the rights to your content. You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display that information, audio, video, images, or 3D models for the purpose of operating Vircadia. You also agree that we may remove metadata associated with the information or data you submit.

You also represent and warrant that you have the authority to grant Vircadia’s core team all rights and permissions necessary for the operation of Vircadia.

Any ideas, suggestions, and feedback about Vircadia that you provide to us are entirely voluntary, and you agree that Vircadia’s core team may use such ideas, suggestions, and feedback without compensation or obligation to you.

You are solely responsible for the information you send, create, or edit using Vircadia, and the consequences of sending, creating, or editing that information.

The project is open source, therefore it is possible to replace all relevant components in the codebase for your use case, including privacy.

3. Conditions of Use

By using Vircadia’s services, you agree that your use will comply with our conditions of use (todo). The core team reserves the right to cease services to any individual at any time, for any reason.

4. Trademark & Branding

The Vircadia project does not grant you any intellectual property rights in Vircadia unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of the project’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

5. Services Interruption; Term; Termination

Vircadia is always under development. As a result, we plan to upgrade and change it and its services over time. To do this, we might have to temporarily suspend their service and it is not always possible for us to give notice. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of Vircadia.

These Terms apply to your use of Vircadia and will continue to apply until ended by either you or upon notice from the Vircadia project. You can choose to end them at any time for any reason by discontinuing your use of Vircadia’s services.

We may cut off your access to Vircadia’s services, either temporarily or permanently at any time for any reason. This includes, but is not limited to, situations where we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for the Vircadia project; or (iii) providing and operating Vircadia’s services is not viable. If possible, we will make reasonable efforts to notify you through the relevant program.

In all such cases, these Terms shall terminate, including, without limitation, your license to use Vircadia’s services, except that the sections with the following titles shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.

6. Indemnification

You agree to defend, indemnify and hold harmless the Vircadia project and its collaborators, and contractors, contributors, licensors, partners, directors, officers, employees and agents (“Indemnified Parties”) from and against any and all third party claims and expenses, including attorneys’ fees, arising out of or related to your use of Vircadia’s services. This includes, but is not limited to, claims and expenses from any content you transmit, edit, or create using Vircadia’s services.

7. Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.

YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, THE INDEMNIFIED PARTIES, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. Modifications to These Terms

The Vircadia project may update these Terms from time to time. We will post the updated Terms online. If the changes are substantive, we may announce the update through Vircadia’s usual channels for such announcements such as blog posts, chat, or in the particular service itself, in this case: Vircadia.

Your continued use of Vircadia and Vircadia’s services after we post the new Terms constitutes your acceptance of the new Terms. To make your review more convenient, we will post an effective date at the top of this page.

9. Miscellaneous

These Terms make up the entire agreement between you and the Vircadia project concerning its duties, services, and distributions. The laws of the state of California, U.S.A (excluding its conflict of law provisions) govern this agreement.

If any portion of these Terms is held to be invalid or unenforceable, the remaining portions remain in full force and effect. If there is a conflict or ambiguity between a translated version of these terms and the English language version, the English language version applies.

10. License

Most components of this software ecosystem are licensed under the Apache License version 2.0, as follows (the “License”);

You may not use this software except in compliance with the License.
You may obtain a copy of the License at: http://www.apache.org/licenses/LICENSE-2.0

This software includes third-party and other platform software.
Please see each individual software license for additional details.

This software is distributed “as-is” without any warranties, conditions, or representations whether express or implied, including without limitation the implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, performance, durability, title, non-infringement, and those arising from statute or from custom or usage of trade or course of dealing.