Terms of Use

Last update: 16/03/2021

ABOUT THESE TERMS OF USE

These terms of use (“Terms of Use”) govern the use of this website (“Physica Games website”) and any Physica Games product (e.g. software, virtual/augmented reality application, or mobile application) (“Physica Games products”). This agreement is between you, as a user of a Physica Games product or a visitor of the Physica Games website, and PhysicaGames Limited (“Physica Games”, “we”, “us”), the owner of the Physica Games website and the developer of Physica Games products. When you use the Physica Games website or the Physica Games products, you agree to these Terms of Use. Please refrain from visiting the Physica Games website or using Physica Games products if you do not agree to these Terms of Use or do not satisfy the eligibility requirements to be using the Physica Games website or Physica Games products. You are responsible for the people that use your account or your device when accessing Physica Games products or the Physica Games website. Physica Games can terminate these Terms of Use and the license granted hereunder, restrict, suspend or remove your access to the Physica Games website and Physica Games products or take (legal) action against you if it determines that you violate these Terms of Use or you make unauthorized use of the limited license granted under these Terms of Use.

All rights that are not expressly granted to you under these Terms of Use are reserved by Physica Games and its licensors. If any conflict arises between these Terms of Use and other provisions that can be found on the Physica Games website or Physica Games products, these Terms of Use shall prevail.

WHO IS RESPONSIBLE FOR THESE TERMS OF USE?

PhysicaGames Limited, the owner of the Physica Games website and the developer of Physica Games products, is responsible for these Terms of Use. Physica Games is a private limited company headquartered at Frogs Hall Farm, Norwich, United Kingdom, and registered under company number 11764924. If you have any questions regarding these Terms of Use, you can contact us by using the contact information at the bottom of this page.

When you make use of the Physica Games website and Physica Games products, we process your personal data and cookies in accordance with our privacy policy. We advise you to read these policies carefully and regularly to stay informed on how we process your personal data. When making use of the Physica Games website and Physica Games products, you declare to have taken note of our privacy policy. If you have any questions regarding the processing of your personal information, you can contact us by using the contact information at the bottom of this page.

ELIGIBILITY REQUIREMENTS

You must be at least 13 years of age to make use of the Physica Games website or Physica Games products. If you are a minor (above the age of 13 years), you must review these Terms of Use and the privacy policy together with your parent or guardian. Physica Games advises guardians and parents to become acquainted with the parental controls available on the devices of minors.

LICENSE

We grant you a personal, limited, non-transferable, non-assignable, revocable and non-exclusive license to use the Physica Games website and Physica Games products to which you have access for your non-commercial use, provided that you use this license in conformity with these Terms of Use. The content and materials on the Physica Games website and Physica Games products may be protected by trademarks, copyright, design rights, trade secrets and other proprietary and intellectual property rights and nothing in these Terms of Use or on the Physica Games products and Physica Games website can be seen as a transfer or assignment of such rights. You cannot, either in part or in full, copy, distribute, sell, reverse engineer, modify the content or materials on the Physica Games website or Physica Games products, including (without limitation) its software, written materials, images, audio and video materials, or use such content for public or commercial purposes without our prior written consent. You may not use the Physica Games website and Physica Games products for anything other than their intended purposes.

All title, ownership, and intellectual property rights in and to the Physica Games website and Physica Games products are owned by Physica Games and the relevant licensors. The Physica Games website and Physica Games products including their materials are licensed, not sold, for your use. This license does not confer any title or ownership.

CODE OF CONDUCT

When making use of the Physica Games website and Physica Games products, you agree to adhere to the following rules of conduct (“Code of Conduct”):

You do not violate any applicable laws of regulations, including the content you upload on your account;

You do not tamper with the organizational and technical measures installed by Physica Games to guarantee a secure and safe environment for its users or use a device or software that could interfere with these measures;

You are respectful towards other users, you do not interfere with their use of Physica Games products and the Physica Games website and you do not upload or distribute content that is inappropriate, harmful, constitutes hate speech, is defamatory, harassing, offensive or threatening or that violates the (intellectual property) rights of a third party;

You do not cheat, boost or engage in anti-competitive behaviour or sell your account, user name or your achievements from Physica Games products;

You do not (attempt to) interfere with the software used by the Physica Games website or Physica Games products or engage in hacking, spamming, installing malware or other viruses;

You cannot modify or make any derivative works of the (content on the) Physica Games website and Physica Games products, in whole or in part, or remove any proprietary notices or labels;

You cannot make use of the Physica Games website and Physica Games products in violation with your agreements with third parties, for example your user agreement with a platform provider (e.g. Oculus, Steam, Viveport);

You cannot impersonate another user or attempt to obtain the password, account information, or other private information from other users;

You cannot use personal data that you receive about another user while using the Physica Games website or Physica Games products for any other purposes than to engage in a Physica Games game. You will not attempt to identify another user outside of the context of the Physica Games website or Physica Games product or violate the privacy of another user in any other way; and

You agree to alert Physica Games as soon as possible in any case that you become aware of a person violating the Terms of Use or abusing the (content of the) Physica Games website and Physica Games products.

THIRD PARTY LINKS OR CONTENT

The Physica Games website and the Physica Games products may sometimes refer to websites or products of third parties, such as social media network providers or platform providers. Physica Games has no control over the content that is produced on such websites or products and cannot be held responsible for any activity on these websites or products. A referral on the Physica Games website or Physica Games products to websites or products of third parties does not mean that Physica Games has reviewed and/or approves or recommends such websites or products. Likewise, if websites or products of third parties refer to the Physica Games website or Physica Games products, this does not mean that Physica Games, or the Physica Games website, or Physica Games products are in any way affiliated with such websites, or has approved the content of such external products or websites. We advise you to consult the terms and conditions, including the privacy policy, of such products or websites of third parties for more information.

If you access the Physica Games products while making use of a platform (e.g. Steam, Viveport, Oculus), you need to comply with the terms of use of such a platform provider and you acknowledge its privacy policy. Physica Games is not responsible if you cannot gain access to Physica Games products due to issues with such third-party platform providers or any other difficulties you may encounter in using Physica Games products on account of the platform provider.

LIABILITY AND INDEMNIFICATION

While we do our best to provide the Physica Games website and Physica Games products without errors or inaccuracies and ensure access to our Physica Games website and Physica Games products at all times, we do not make any warranties regarding the content or the availability of the Physica Games website and Physica Games products.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PHYSICA GAMES WEBSITE AND THE PHYSICA GAMES PRODUCTS ARE PROVIDED “AS IS” AND YOUR USE OF THE PHYSICA GAMES WEBSITE AND PHYSICA GAMES PRODUCTS ARE AT YOUR OWN RISK. PHYSICA GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. This includes, without limitation, that we do not warrant (express or implied) that our Physica Games website or Physica Games products are free from errors, defects, viruses, or harmful components.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHYSICA GAMES, ITS EMPLOYEES, OFFICERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR (i) ANY LOSSES OR DAMAGES ARISING FROM YOUR ACTIONS OR OMISSIONS OR BREACH OF THESE TERMS OF USE; (ii) WHICH ARISE AS A RESULT OF A THIRD PARTY’S ACTS OR OMISSIONS OR ANY OTHER ACTS OR OMISSIONS BEYOND OUR CONTROL; OR (iii) FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO FINANCIAL LOSS, LOST PROFITS, LOSS OF OPPORTUNITY OR DAMAGE TO REPUTATION. Nothing in these Terms of Use shall limit either Physica Games’ or your liability for death, personal injury, fraud or fraudulent misrepresentation or any category of liability that cannot be limited by law.

You agree to indemnify, defend and hold Physica Games, its respective officers, directors, employees and agents harmless from and against any and all third-party claims, liabilities, lawsuits, governmental action, or losses suffered or incurred (including reasonable attorney’s fees) arising out of or as a result of your use of the Physica Games website or Physica Games products including without limitation your violation of these Terms of Use or any applicable law or regulation.

MISCELLANEOUS

These Terms of Use can be terminated by you or by Physica Games. Physica Games can terminate these Terms of Use (in whole or in part) with immediate effect if it believes you have violated these Terms of Use or if it no longer offers the relevant services. It can also terminate these Terms of Use by giving you reasonable notice. You may terminate these Terms of Use at any time. If these Terms of Use are terminated or expire, you will no longer be able to make use of the Physica Games website and/or Physica Games products and your license under these Terms of Use shall be revoked with immediate effect. Any provisions of these Terms of Use that are by their nature intended to survive termination or expiration of the Terms of Use, shall survive termination or expiration.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, written or oral.

Physica Games can assign its obligations under these Terms of Use, in whole or in part, at any time without notice to you. You may not assign or transfer any rights or obligations under these Terms of Use to a third party.

Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached these Terms of Use for failure or delay in fulfilling or performing any obligations under these Terms of Use to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party (including but not limited to fire, floods, embargoes, war, acts of war, terrorism, riots, civil commotions, strikes, lockouts, acts of God or acts, omissions or delays in acting by any governmental authority or the other party).

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by the laws of the United Kingdom, with the exclusion of its conflict of laws provisions. Any conflict arising out of or as a result of the use of the Physica Games website and Physica Games products, including these Terms of Use and the privacy policy, shall be exclusively submitted to the competent courts of the United Kingdom.

AMENDMENTS TO THESE TERMS OF USE

Physica Games is continually looking for ways to improve its services and products. Therefore, updates to these Terms of Use may be needed from time to time. Physica Games reserves the right to amend these terms at any time. Modifications to these Terms of Use shall apply as of the date that the new Terms of Use are published on this page. Therefore, we ask you to consult these Terms of Use on a regular basis and prior to any use of the Physica Games website and Physica Games products. We will try to notify you (if possible) of any material changes to these Terms of Use. If you do not agree to the changes of these Terms of Use, we ask you to refrain from further using the Physica Games website and Physica Games products.

Should you have any questions regarding the Terms of Use, please contact us using the information below:

PhysicaGames

Frogs Hall Farm

Norwich

Norfolk

United Kingdom

physicagames@gmail.com