THIS IS A VIRTUAL REALITY SOFTWARE. WHEN USING THE SOFTWARE YOU MAY NOT BE ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL REALITY HEADSET. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN USING THE SOFTWARE TO ENSURE THAT YOU DONT INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE USING THE SOFTWARE MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND EVEN CAUSE DEATH. ANY USING OF THE SOFTWARE IS AT YOUR OWN RISK.
2. The Software
The software is a virtual reality software provided to you by Holomia.
3. Access to the Software
To access and use the Software you must register an account on MissionX's website, unless the Software is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Holomia reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in-software currency, characters etc. to another person or entity, unless specifically permitted in writing by Holomia.
4. Third Party Accounts
If enabled by Holomia in its sole discretion, you may establish an account with account data provided to Holomia by a third party such as a software platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
5. Registration and warranties
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Software and you hereby accept sole responsibility for all activities that occur under your account or password. Holomia, its affiliates and service providers reserve the right to restrict or terminate access to the Software, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
6. Products and services
HOLOMIA RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE SOFTWARE, INCLUDING YOUR ACCESS TO THE SOFTWARE AT ANY TIME. HOLOMIA MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE SOFTWARE NOR DOES IT REPRESENT OR WARRANT THAT THE SOFTWARE WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE SOFTWARE MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. HOLOMIA MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE SOFTWARE. THE SOFTWARE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY EXPRESS WARRANTIES.
8. Delivery of products and services, Updates and New Releases
HOLOMIA PROVIDES THE SOFTWARE ON AN AS IS BASIS. HOLOMIA OR THE PLATFORM/SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE SOFTWARE THAT YOU HAVE ORDERED TO YOU WITHIN A REASONABLE AMOUNT OF TIME. HOWEVER, TECHNICAL PROBLEMS MAY DELAY OR PREVENT DELIVERY AND EXCEPT AS SET FORTH IN THE NEXT SENTENCE, HOLOMIA OR THE PLATFORM/SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE SOFTWARE, A PURCHASED PRODUCT OR SERVICE THAT IS NOT DELIVERED WITHIN A REASONABLE AMOUNT OF TIME AFTER ORDERING IS TO EITHER RECEIVE A REPLACEMENT OF THE SOFTWARE, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE, PRODUCT OR SERVICE, AS DETERMINED BY HOLOMIA OR THE PLATFORM/SERVICE PROVIDER IN THEIR SOLE DISCRETION.
HOLOMIA MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE SOFTWARE ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE SOFTWARE (UPDATES). UPDATES MAY CHANGE THE SOFTWARES TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE SOFTWARE. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO USE THE SOFTWARE. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, HOLOMIA WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO USE THE SOFTWARE, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OF THE SOFTWARE, OR ANY EXPANSION PACKS, UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT HOLOMIA MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. HOLOMIA MAY PROVIDE NEW RELEASES OR OTHERWISE ENHANCE THE SOFTWARE AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE OR OTHER ENHANCEMENT OF THE SOFTWARE MAY CHANGE THE SOFTWARES TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE SOFTWARE. PERIODICALLY, HOLOMIA WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OF THE SOFTWARE IN ORDER TO CONTINUE TO USE IT. IF YOU FAIL TO UPDATE THE SOFTWARE AND INSTALL THE NEW RELEASE WHEN REQUIRED, HOLOMIA WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO USE THE SOFTWARE, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
Your access to and/or playing of the Software constitutes your agreement to defend, indemnify, and hold harmless Holomia, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys fees, arising out of your use or misuse of the Software including related services by a third party with the use of your account.
Holomia may terminate or suspend any and all Services and any Account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination of your Account, your right to use the Services and the Platform will immediately cease. In the case of termination, you will not receive a refund of paid fees.
You understand and agree that using the Software comes with the risk that your account may be terminated or suspended in accordance with this Agreement and that, whenever you use the Software, you will bear this risk in mind and always conduct Yourself appropriately.
If you wish to terminate your Account, you may do so by discontinuing your (i) use the Services or (ii) access to the Platform/ contacting us at firstname.lastname@example.org/ If your account is terminated, You will no longer have access to Your Account or the Software, including any of the associated data.
11. Disclaimers and limitations of liability
THE SOFTWARE IS PROVIDED BY HOLOMIA ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLOMIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HOLOMIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE SOFTWARE, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE SOFTWARE WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE SOFTWARE, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF HOLOMIA, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH HOLOMIA PROVIDE RULES FOR USER CONDUCT AND POSTINGS, HOLOMIA DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE SOFTWARE AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE SOFTWARE OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. HOLOMIA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE SOFTWARE.
12. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT HOLOMIA SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE SOFTWARE OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SOFTWARE.
HOLOMIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE SOFTWARE OR IN RELATION TO THE SOFTWARE, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND HOLOMIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Software, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (MissionX VR Softwares Content) are owned by Holomia and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Holomia and/or its partners and licensors. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any MissionX VRs Content in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit MissionX VRs Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Software or MissionX VRs Content. You agree not to assert against Holomia any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
You hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to Holomia any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing the Software, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants Holomia an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
14. Prohibited use
You agree not to do any of the following:
Taking any action that imposes an unreasonable or disproportionately large load on the System of the Software;
Use of your own or third-party software to modify any content appearing within the Software, its environment or change how the Software is played or services used;
Use of your own or third-party software, the Software or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Software may be used by others in ways other than those intended by Holomia;
Disrespecting the rights of others and their rights to use and enjoy the Software. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other users;
When naming any character, team, guild or clan you may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable or offensive;
You may not post or communicate any user's real world information (name, address, account name, etc.) in the Software, on the Websites or in any other forum or media, or make public anyones identification documents or sensitive financial information or posting such information in the Software or other permitted websites;
You may not harvest or collect email addresses or other contact information of other users from the Software by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
You may not use language or images that are or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise offensive or objectionable;
You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Holomia;
You may not post, upload or link to any imagery or content that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
You may not create, distribute, publish or otherwise make public, in any form, content created within the Game that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable;
You may not impersonate any Holomia, its employees, consultants, partners etc;
You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
You may not market, promote, advertise, or solicit products or services in the Software;
You may not modify any part of the Software, or Clients, Servers etc;
You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Software;
You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Software;
You may not use the Software for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Software;
You will follow the instructions of authorized personnel in or related to the Software;
You may not organize nor be a member of any pledges or groups within the Software that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
You may not provide false information or intentionally hide any information when registering for your account in the Software;
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Software;
You will not exploit any bug in the Software and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Software. Bugs should be promptly reported to email@example.com
You will not attempt to play the Software on any server or platform that is not controlled or authorized by Holomia, its designees or platform/service providers;
You will not create, use, or provide any server emulator or other site where the Software may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Software without the express written permission of Holomia;
You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
Using Holomia copyrights or trademarks or any confusingly similar marks;
Uploading invalid data, viruses, worms, or other software agents to the Software;
Collecting information from other End Users without obtaining their consent; or
You may not use any 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 Software. 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 Software.
If you post recordings of your using of the Software on sites like Twitch.com, YouTube.com etc. you shall refer to the name of the Software and give Holomia credit as the developer of the Software. Such recordings and postings shall be done in good taste.
Disputes between you and Holomia
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST HOLOMIA, YOU AGREE TO FIRST CONTACT HOLOMIA AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO HOLOMIA. THE NOTICE TO HOLOMIA MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 17 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND EMAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM.
You are solely responsible for your interactions with other users of the Software. We reserve the right, but have no obligation, to monitor disputes between you and other users.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the Software and/or advertising related to the Software. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality/augmented reality headset/glasses/equipment may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Holomia takes no responsibility for such effects in the Software and advertising related to the Software and end results thereof Holomia take any responsibility for motion sickness, any balance problem etc. that may occur from the using of the Software or seeing the advertising etc.
The Software and related products and services hereunder are offered by Holomia, a Vietnamese company, with registered and business offices at Room 1104A, 11th Floor, Ha Thanh Plaza, 102 Thai Thinh, Trung Liet Ward, Dong Da District, Hanoi, Vietnam. If you have questions or concerns about these Terms or Use, contact us at: