1 Applicability of Terms
Welcome to Valo Motion’s mobile application, a mobile experience for connecting to Valo Motion’s mixed reality products, competitions, community and videos (hereinafter the “Application”)! The Application functions as a companion platform for Valo Motion products. Application allows players to log in and track their progress across several visits to locations with Valo Motion products. Please read these Valo Motion Terms of Service and any applicable Application guidelines and instructions (hereinafter collectively, “the Terms”), because the Terms govern your use of the Application. The Terms also govern your interaction with any websites or web application we own or operate (“Sites”) and your participation in Valo Motion live events and/or competitions (“Competitions”), and more generally your use of any Valo Motion products or services (all aforementioned together the “Services”).
When accessing or using the Service, including browsing any Valo Motion’s website or accessing the Application, you may also be required to register an account on the Service (an “Account“). By registering for an Account or otherwise using the Service, you affirm that you are the legal age of majority in your country of residence. If you are not, your legal guardian must review and agree to these Terms. If you access the Service from any social media service, such as Facebook, you shall comply with its terms of service/use as well as these Terms.
BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. IF YOU DON’T AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.
Valo Motion may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the Site or in the Application. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.
If you have any questions about these Terms or the Services, please contact Valo Motion at email@example.com.
2 Privacy and Data Protection
Our Services are designed to enable you to interact in shared game worlds blended with information from the real world. To provide the Services, we need certain information about you, and we only use your information where we have a legal basis to do so. Please refer to our data processing practices in our Privacy Policies (https://valoleague.com/privacy-policy/; https://cloud.valomotion.com/video_privacy) to help you understand what information we collect, how we use it and what choices you have when you use our Services.
If you have any questions about our data processing practices, please contact Valo Motion at firstname.lastname@example.org.
3 Application, Sites and Services
The Application is a companion app for Valo Motion products. Application allows players to log in and track their progress across several visits to locations with Valo Motion products. The player can, for example, unlock new levels in the games when playing, and on subsequent visits they’ll be able to log in again and have the levels already unlocked for them. By making it possible to track personal progress and unlock new content across visits, the aim is to make the play experience more meaningful.
The application aims to make it easier to access and view the User Content such as scores and achievements also at home. The user can check their progress, compare with their friends and other players, as well as share content such as videos directly to social media. The application also establishes a community around Valo Motion products and enables an Active eSports League for the most enthusiastic players.
3.2 Cheating and Bullying
Valo Motion has a zero tolerance of any kind of cheating, unlawful behavior, bullying or un-appropriate engagement with race, gender, ethnicity related expression including username, body language on video footage or symbols displayed on clothing or otherwise in the background of video footage.
Valo Motion reserves the right to determine what conduct we consider to be in violation of our guidelines and policies or otherwise outside the intent or spirit of these Terms or the Service itself. Valo Motion reserves the right to take action as a result, which may include terminating your account and prohibiting you from using the Service in whole or in part.
Please see our guidelines, Competition rules and section 6 General Rules of Behavior.
3.3 Safe and Appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely and politely. You hereby agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Competition rules, or other applicable instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
3.4 Your Interactions with Other Players
You agree that in conjunction with your use of the Services, you will maintain safe, appropriate and polite contact with other players and other people in the real world. You will not harass, threaten or otherwise violate the legal rights of others and will not engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release Valo Motion (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.5 Account Suspension or Termination
Without limiting any other remedies, we may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. Please note that you can lose your user name and persona in the Service as a result of account termination or suspension, as well as any benefits, privileges, earned benefits associated with your use of the Service and Valo Motion is under no obligation to compensate you for any such losses or results. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services or in the Application prior to termination of your Account.
You may terminate your Account at any time by contacting us at email@example.com.
4 Limited License to Use
Subject to your compliance with these Terms, Valo Motion grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the Application on a mobile device and to run such copy of the Application solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Application; (b) distribute, transfer, sublicense, lease, lend, or rent the Application to any third party; (c) reverse engineer, decompile, or disassemble the Application; or (d) make the functionality of the Application available to multiple users through any means. Valo Motion reserves all rights in and to the Application not expressly granted to you under these Terms.
5 Valo Motion Content and Content Rights
Subject to your compliance with these Terms, Valo Motion grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content. “User Content” means any Content a user of a Service provides to be made available through Services.
5.1 Content Ownership
Valo Motion does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, Valo Motion and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
5.2 Rights Granted by You
By making any User Content available through the Services you grant to Valo Motion a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others.
You also consent to and approve of Valo Motion’s recording and usage of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Competitions and the royalty free use of this information. Valo Motion may publish the results of any Competitions (including rankings and any winners), gameplay statistics, and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Valo Motion on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against Valo Motion or any third party designated by Valo Motion.
6 General Rules of Behavior
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to selling, reselling, or renting the Application or your Account;
- attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Valo Motion or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Valo Motion or any of Valo Motion’s providers or any other third party (including another user) to protect the Services or Content;
- use, display, mirror, or frame the Services or any individual element within the Services, Valo Motion’s name, any Valo Motion trademark, logo, or other proprietary information, or the layout and design of any page or App without Valo Motion’s express written consent;
- post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- access, tamper with, or use nonpublic areas of the Services, Valo Motion’s computer systems, or the technical delivery systems of Valo Motion’s providers;
- attempt to probe, scan, or test the vulnerability of any Valo Motion system or network or Services, or breach any security or authentication measures;
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although Valo Motion is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. Valo Motion may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
7 Sweepstakes and Promotions
8 Third Party Websites or Resources
We may provide tools through the Services that enable you to export information to third-party services, including through features that allow you to link your account or parts of it with an account on a third-party service, such as Youtube or Facebook, or through our implementation of third-party buttons (such as links or share buttons). Valo Motion provides these tools and links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.
Valo Motion is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services or participate in Competitions and you hereby waive and release Valo Motion and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.
9 Updates and New Versions
You hereby understand that Valo Motion’s Services are constantly evolving. Valo Motion may require that you accept updates to the Services and to the Application you have installed on your device. You acknowledge and agree that Valo Motion may update the Services and Application, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and use the Application.
10 Disclaimer of Warranties
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF USAGE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT VALO MOTION DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. VALO MOTION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.
11 Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER VALO MOTION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VALO MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VALO MOTION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED EUR (500). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE LEGAL AGREEMENT BETWEEN VALO MOTION AND YOU.
12 Governing Law and Dispute Resolution
13.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Valo Motion and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Valo Motion and you regarding the Services and Content.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Valo Motion’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Valo Motion may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.3 Force Majeure
Valo Motion shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Valo Motion, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Valo Motion’s control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Any notices or other communications provided by Valo Motion under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address You provided.
Valo Motion’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Valo Motion. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.