Effective Date: April 2020
Issued by The Wayback Productions Limited for The Wayback
1.1 These are the terms and conditions (the “EULA” or “End User Licence Agreement”) THE WAYBACK PRODUCTIONS LIMITED (“we”, “us”, “our”, “WAYBACK”) uses to govern our “Wayback” experience (“App”) and the services related to the App. We have kept these terms to a minimum in order to help you to understand how you can use the App. If you do not want to or cannot agree to this EULA, you must not buy, download, install, use, or otherwise access the App. By buying, downloading, installing, or using the App you are agreeing to this EULA (being the latest version).
1.2 We offer the App through third party digital stores such as, without limitation, Google Play, The App Store, Steam, Oculus, and Viveport (each a “Store”). Where you purchase the App through a Store you may need a Store account in order to play the App, and your use of the Store and of the App through the Store is subject to the terms of use and policies of the relevant Store (as may change from time to time).
1.3 Where applicable, the Stores may allow you to get a refund in respect of or in connection with the App in some instances. You should contact the Store directly that you purchased the App from if you would like to request a refund.
1.4 If you are 16 or over, you agree to and accept this EULA. If you are under 16, you should only use the App under parental supervision.
2.1 This EULA is a legal agreement between you and us, so please read it fully and carefully.
2.2 This EULA describes how you can use the App.
2.3 If you break the terms and conditions of this EULA, we may stop you from using the App, contact you regarding your use of the App, or otherwise exercise our legal rights.
2.4 The App is provided ‘as is’ and we make no representations and warranties with respect to it to the fullest extent permitted by applicable law, including the performance of the App or the suitability of the App for any purpose.
2.5 This EULA may change from time to time. Please check back at www.thewaybackvr.com periodically to make sure that you’re aware of the latest EULA version.
2.6 If you pay for, install, download, access, or otherwise use the App after a EULA update, you are agreeing to the latest EULA version.
Provided that you comply with the terms and conditions of this EULA, you can use the App in the following ways:
3.1 Use the App, in accordance with the terms and conditions of this EULA;
3.2 To share non-commercial images and videos of you using the App on your personal social media and general marketing material; and
3.3 To use upgrades, updates and additional App content that we may make available from time to time (although we are not obliged to provide upgrades, updates and additional App content).
4.1 We use our commercially reasonable endeavours to protect the App and our users, and it is important that the App is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct by a user that violates the terms of this EULA.
4.2 You cannot, except where it may otherwise be expressly permitted in this EULA:
4.2.1 sell, distribute or otherwise transfer copies or reproductions of the App to any third party in any way;
4.2.2 in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the App, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of WAYBACK on creation;
4.2.3 remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the App;
4.2.4 except as permitted by the subscription package you have selected, exploit the App or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
4.2.5 use the App for any illegal or immoral purposes;
4.2.6 separate or use component parts of the App, or use the App or any parts of it on more than one computer/device at a time;
4.2.7 export or re-export the App or any copy or adaptation in violation of any applicable laws or regulations; or
4.2.8 otherwise use, copy, transfer, distribute, rent, lease, loan, sub-licence or deal in the App or any part or interest in it (except as expressly provided by this EULA) or in any manner which is inconsistent with this EULA.
4.3 If we are threatened or face legal action because you break any of the terms and conditions in this EULA, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
5.1 The App is made up of the intellectual property (including, without limitation, copyright works) of WAYBACK and/or WAYBACK’s licensors. All use of the App is governed by the terms of this EULA. Any use, reproduction or redistribution of the App not in accordance with the terms of this EULA is expressly prohibited. References to “App” in this EULA shall include each or any part of it and any online service which is made available through it, where and to the fullest extent that the content permits.
5.2 WAYBACK grants you (and by installing or using the App you accept) a limited, revocable, non-exclusive right and licence to install and use at any one time one (1) copy of the App for your personal, non-commercial use (except as permitted by the subscription package you have selected) on a single compatible device (which may include, without limitation, compatible devices, equipment or peripherals) subject to the terms of this EULA. We do not grant you ownership of the App itself.
5.3 The App is licenced, not sold. Your licence confers no title or ownership in the App. All rights, title, interest and ownership rights in the App and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with the App and each part thereof are owned by, belong to and vest in WAYBACK or its licensors. All rights are asserted and reserved. The App is protected by copyright law, international copyright treaties and conventions and other laws. The App may contain certain licenced materials and WAYBACK’s licensors may act to protect their rights in the event of any breach of this EULA. All trademarks are the property of their respective owners.
6.1 WAYBACK supports a friendly, respectful community for the App. All users must act reasonably and fairly when interacting with other App users. All hacking, misuse of the App, trolling, deceptive or abuse conduct is prohibited.
6.2 Please act responsibly and in a way which respects the rights of other users. You must not take any action, upload or share any content, or otherwise use the App in any way which is in any way immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libellous, defamatory, threatening and/or bullying. You must not cause disruption to the App or in any way interfere with the proper operation of the App, including without limitation by damaging any account, software, hardware or network. You must not upload spam, commercial, marketing, advertisement or solicitation content or promotional content or any third party links. You must not impersonate any person, including without limitation WAYBACK staff.
6.3 You are not permitted to buy or sell, where applicable, accounts to access the App or in connection with the App.
6.4 Please respect the intellectual property rights of third parties. You must not post, upload, release, distribute or in any other way make available on or through the App any content or materials which include, use or contain (in whole or in part) any intellectual property rights of any third party (including without limitation copyright, trademarks and any other intellectual property).
6.5 In the event of a breach of any of clauses 6.1 to 6.4 (inclusive) above, WAYBACK reserves the right to immediately terminate this EULA and your use of the App without you being entitled to any refund or compensation.
6.6 We are not responsible for moderating, monitoring or recording any activity in the App or in connection with the App (including without limitation messages, posts, written chat and voice chat between players), although we reserve the right to do so. We may (but we are not obliged to) moderate such content and activities to ensure they are in compliance with the terms of this EULA. We reserve the right to delete, without notice, any content, materials and/or communications which are in breach of this EULA. In serious cases, we may take steps together with the Stores or relevant platforms for the App and/or with law enforcement authorities and this may involve us disclosing information to those third parties and authorities.
The ways in which you can use the Apps may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of this EULA and the relevant Store’s terms from which you purchased (where applicable) or installed the App, the Store’s terms shall prevail to the extent of the conflict.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes. We are also required to provide you with information about your rights in relation to your personal data and how to exercise them. This information is provided within our Privacy Policy, and it is important that you read that information and familiarise yourself with it.
WAYBACK may from time to time provide updates to the App which you may be required to apply before you can continue making full use of the App. You agree that WAYBACK may deliver such updates remotely and that you will apply such updates.
10.1 Operating system requirements will be made available on the relevant Store page and/or App description or otherwise as made available. The requirements between different platforms/devices may vary. Please consult the relevant App description provided online by WAYBACK and/or by the relevant Store or platform.
10.2 Before you purchase, install or play the App, please ensure that your device: (i) has sufficient memory to play and store the App and otherwise meets such other system requirements as are specified by WAYBACK (or the relevant Store or platform, where applicable) in connection with the App; (ii) has Internet access; and (iii) meets the applicable operating requirements.
Please read, familiarise and comply with the Health and Safety Notice information set out in Annex 1 to this EULA (and which is hereby incorporated into this EULA). The Stores or platform providers relating to the App may also provide you with health and safety information. You can visit their websites to read that information.
12.1 Except as specifically provided otherwise in this EULA and to the maximum extent permitted by law:
12.1.1 you install and use the App (including any and all content, related materials, services and updates as and when they may be made available at our discretion) at your own risk;
12.1.2 the App is provided “as is” without warranty or guarantee of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement;
12.1.3 WAYBACK and its licensors do not warrant that the operation of this App will be uninterrupted, bug or error free or that errors or bugs can be corrected;
12.1.4 WAYBACK and its licensors exclude any and all liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect;
12.1.5 WAYBACK and its licensors will not in any event be liable in any way for any consequential loss or damage resulting from the use of or inability to use the App, errors or deficiencies in it, damage to property, lost data, loss of goodwill, computer failure or malfunction, loss of business, loss of information or lost profit, whether caused by negligence or otherwise, even if it has been advised of the possibility of such loss;
12.1.6 WAYBACK and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the App has been modified in any manner (not by WAYBACK or its licensors) after it has been bought.
12.1.7 this EULA shall not limit or exclude any rights you might have as a consumer that may not be excluded or limited under applicable law, including without limitation the following:
12.1.7.1 fraudulent misrepresentation;
12.1.7.2 death or personal injury arising caused by negligence of WAYBACK or its licensors; or
12.1.7.3 in the event where the App is defective, and we delivered it to you, and it damages your property. However, we will not be liable if the damage could have been avoided by following our advice about system requirements, installation guidance, App use guidance or by applying updates we offered to you free of charge.
12.2 We recommend that you back-up any content and data of yours used in connection with the App to protect yourself and in case of a problem with the App or data corruption.
12.3 The App has not been developed to meet your individual requirements.
12.4 Other than as set out in clause 12.1 above or where our liability cannot be limited by applicable law, our overall liability to you is limited to the price you paid for the app or, in the event no price was paid, £50.
12.5 We use our reasonable skill and care to provide the App and its content and updates, but we do not guarantee that there will not be errors, bugs or interruptions in or when using the App (including without limitation any content or updates), or that it will not cause any problems with your device.
13.1 We have the right to terminate this EULA and your licence to use the App and any related content in the event that you breach the terms and conditions of this EULA. In that event, you must immediately erase the App from your system and destroy all and any copies in your possession or control and stored on any media whatsoever and on WAYBACK’s request certify that you have done so in writing.
13.2 You may terminate this EULA at any time by deleting and removing the App from your device and, where you have a physical copy of the App, destroying your copy of the App in your possession.
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
15.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the App, the App and this EULA are subject to the laws of England and Wales.
15.2 To the maximum extent permitted by applicable law, the English courts shall have exclusive jurisdiction to hear any claims, disputes or proceedings about or in connection with this EULA or the App.
15.3 Without prejudice to clauses 15.1 and 15.2 above, applicable law may grant you the right to bring claims, disputes or proceedings in your local jurisdiction. If this is the case, you may bring proceedings there.
16.1 This EULA does not affect any legal rights you may have under the law that cannot be excluded or limited.
16.2 We may change or update this EULA from time to time. Changes to the EULA will affect you to the extent that they can apply under applicable law. If you buy, play, install or otherwise use the App, the latest version of the EULA will apply at the time you take such action. Please check back at www.thewaybackvr.com periodically to make sure that you’re aware of the latest EULA version.
16.3 We may transfer our rights and obligations under this EULA to another organisation (such as in the event of a company restructure, assignment or a sale or all or part of our assets). We will let you know if this happens and we will ensure that your rights under the EULA are unaffected. You may not transfer your rights under this EULA.
16.4 Except where otherwise expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce this EULA.
16.5 Even where we delay in enforcing this EULA or our rights, we can still enforce the same at any later point. Not taking immediate action or not taking immediate steps shall in no event be construed as a waiver of our rights. We shall not be prevented from taking enforcement steps against you at a later date where we have delayed in enforcing this EULA or our rights.
The Wayback Productions Limited Registered office: 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, WD6 1JD
Registered in England and Wales with company number: 117953216
Contact us using our contact form at: http://thewaybackvr.com/
© 2020 THE WAYBACK PRODUCTIONS LIMITED. All rights reserved.
HEALTH AND SAFETY NOTICE
IMPORTANT: PLEASE FAMILIARISE YOURSELF WITH THIS NOTICE AND THE DISCLAIMER NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USES THIS APP.
The App may contain flashing lights, realistic images and simulations.
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing Apps or using a VR experience.
This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this App suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using this App. If you or they are already using the App please stop and consult a doctor.
If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst using this App or other Apps please stop and rest. If it continues after you stop using the App please consult a doctor. If you have suffered or suffer from an injury using this App could aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS APP:
Please do not:
use this App (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influence of alcohol or drugs, or pregnant;
use the App while in a moving vehicle such as a car, bus, or train;
use the App for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of the time you use the App and take a 10 to 15 minute break every 30 minutes.
Notice to parents and carers:
Please observe children under 18 whilst they use this App and other Apps. Please ensure that you and they follow the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.