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Deadly Cryptids

Terms of Use

Terms of Use and EULA (End User Licence Agreement) for the Flow IT Solutions Game This is a legal agreement between you, the User, and Flow IT Solutions, for the use of the virtual reality video game Deadly Cryptids (hereafter called “the Game”). Flow IT Solutions is incorporated in Belgian law as a private limited liability company with head office at 2850 Boom, Dirkputstraat 417, Belgium, registered with the CBE with number 10825.483.757. Read this agreement carefully before installing, accessing or utilising the game you have purchased. It defines your legal rights and obligations towards Flow IT Solutions. If you are not eighteen years of age, we recommend you to have your parents or legal guardian review this agreement. By downloading, installing, loading or otherwise using the Game you confirm that you have read this Agreement and that you agree to its content as binding. This Agreement may be revised or updated without notice. Therefore we advise you to review this Agreement regularly. Your use of the Game software is also subject to the terms and conditions set forth in the Vive Port Terms of Use and/or any other terms set forth by HTC in relation to the Viveport Store. 1. License grant 1. The license granted to the User for the use of the Game is limited to a non-transferable and non-exclusive license to use the Game in accordance with the terms within this Agreement and the instructions provided with instalment or downloading of the game. The User obtains a personal license to use the Game through means of a personal account. 2. The term “Game” includes the software included in this virtual reality video game, the associated media, any software associated with the online mode of the video game and any manuals, instructions or electronic documentation that comes with the Game. This license does not give you any title or ownership of the Game and cannot be construed as a sale or transfer of any intellectual property rights. All rights not specifically granted under this agreement are hereby reserved by Flow It Solutions and, as applicable, by its licensors. 3. Flow IT Solutions has the right to add innovations and features to the Game at his discretion. The User will be notified in timely fashion about the execution of updates and/or upgrades in as much as these, in the judgement of Flow IT Solutions may be important to the use of the Game. 2. Use restrictions 2.1 The User agrees to only use the Game in a manner that is consistent with this Agreement. Any use by the User that is not expressly permitted in Section 1 above is expressly prohibited and any such unauthorised use shall constitute a material breach of this Agreement. This prohibition includes but is not limited to: * Exploitation of the Gamer or any of its parts commercially; * To copy, reproduce, manufacture or distribute the Game, in whole or in part; * To transfer, sell, sublicense or lease any rights in and to the Game to third parties; * Use the Game or permit use of the game on more than one computer, game console, VR Headset or mobile device at the same time; * Decompile, reverse engineer or disassemble the Game; * To modify the Game or create any derived work; * To use the trademarks, copyright or intellectual property rights of any third party; 3. Limitation of liability 3.1 USER ASSUMES ALL RESPONSIBILITY AND RISK WITH RESPECT TO HIS OR HER USE OF THE GAME. THE GAME IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. USER UNDERSTANDS AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, FLOW IT SOLUTIONS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE GAME, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FLOW IT SOLUTIONS DOES NOT WARRANT USE OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. FLOW IT SOLUTIONS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE GAME. FLOW IT SOLUTIONS HAS NO DUTY TO UPDATE OR MODIFY THE GAME AND FLOW IT SOLUTIONS IS NOT LIABLE FOR ITS FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL FLOW IT SOLUTIONS OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE GAME, THE USE OF THE GAME OR FLOW IT SOLUTIONS’S AGREEMENT WITH USER CONCERNING THE GAME, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FLOW IT SOLUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF FLOW IT SOLUTIONS IS HELD LIABLE TO USER IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL FLOW IT SOLUTIONS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY EURO (€150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CERTAIN USERS. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, FLOW IT SOLUTIONS SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY. 4. Health warnings 4.1 You understand and accept that the Game is designed for use on an virtual reality platform and that there are inherent risks of personal injury, discomfort and/or property damage that are associated with virtual reality platforms and with this game. By using the Game you represent and warrant that you have read and understand all such warnings, instructions and guidelines. You are solely responsible for your use of the Game and assume all risks associated with your use of the Game. To reduce these risks it is important that you read, evaluate and follow all health and safety warnings and guidelines with respect to the virtual reality platform that you are using, including all related hardware, software and services, and also including all warnings, guidelines and instructions published by HTC. 4.2 In order to make to most out of the Virtual Reality experience we advise the User to read any safety and health warnings provided in your VR headset manual before using the Game. A comfortable VR experience requires an unimpaired sense of motion and balance. Do not use the Game when you are tired, under the influence of alcohol or drugs, hung-over, have digestive problems, are under emotional stress or anxiety or suffering from sickness. 4.3 The Game is a virtual reality shooter video game based on exciting gameplay. It can include bright lighting and sharp visual effects. A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds when playing the Game may trigger epileptic seizures or blackouts to these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If the User, or anyone in the User’s family has an epileptic condition or has had seizures of any kind, consult your physician before playing. 4.4 Due to the nature of the gameplay, which is intense and exciting, it is not recommendable to play the game for individuals with a heart condition, a history of heart problems or any other serious medical condition. It is recommended that you see a doctor before playing this game, particularly if you are pregnant, elderly, have pre-existing binocular vison abnormalities or psychiatric disorders. 4.5 Stop using the Game and the VR headset immediately if you experience any of the following symptoms: light-headedness, nausea, or a sensation similar to motion sickness, discomfort or pain in the eyes, ears, hands, arms or any other part of the body. If the condition persists, consult a doctor. 5. Intellectual property 5.1. Flow IT Solutions retains all ownership and all intellectual property rights to respectively the Game, the software, the associated media, any software associated with the online mode of the video game and any manuals, instructions or electronic documentation that comes with the Game. It’s not allowed to copy or use them in any way without our prior and written authorization, unless permitted by law. These elements include notably trademarks, texts and articles, software, databases, forms, domain names, corporate names, product names, logos, graphic elements and illustrations, graphs, music, colour combinations, slogans, lay outs, settlement sheets and any other element of the Game that is prone to protection. 6. Duration and termination 6.1 From the moment the User has first downloaded, installed, loaded or otherwise used the Game the term of this license granted within this Agreement will begin. The term shall expire without prior notice to you or any other notice when the Game is removed from the market. Furthermore the term can at all times be terminated by the User without prior notice. 6.2 In case the User plays the game through an account and the account is terminated, the User will no longer have access to the Game from the moment of termination on. 6.3 Flow IT Solutions can always decide to terminate the agreement without prior notice and with immediate effect, when the User fails to comply with any provision of these Terms of Use. In the event of such termination, Flow It Solutions will be entitled to full compensation by the User of all possible damages. 7. Support 7.1 Flow It Solutions is not legally obliged to be providing any support for the use of the Game. Please do not call or send emails to Flow It Solutions regarding the Game or your account, as Flow IT Solutions is not responsible for responding and answering these inquiries. 8. Miscellaneous provisions 8.1.Whenever possible, the provisions of this Agreement shall be interpreted in such manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this Agreement are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provisions, in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s). 8.2.All issues, questions, and disputes concerning, but not limited to, the validity, interpretation, enforcement, performance and termination of this Agreement shall be governed by and construed in accordance with Belgian law. 8.3.All disputes concerning, but not limited to, the validity, interpretation, enforcement, performance and termination of this Agreement shall be submitted to the exclusive jurisdiction of the courts of Antwerp. 8.4.For all further information or suggestions regarding this Agreement, please contact Flow IT Solutions at the following address: (email) or at the following address: Flow It Solutions with head office at 2850 Boom, Dirkputstraat 417, Belgium.

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