PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU BUY THE VIRRY VR SOFTWARE
BY BUYING THE VIRRY VR SOFTWARE YOU AGREE TO THESE TERMS (TOGETHER WITH THE DOCUMENTS REFERRED TO). IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE SOFTWARE.
WHO WE ARE AND WHAT THESE TERMS DO
We, Fountain Digital Labs Limited, of 2 London Wall Place, London, EC2Y 5AU license you to use:
• The Virry VR Software, the data supplied with the software, (Software) and any updates or supplements to it.
• The service you connect to via the Software and the content we provide to you through it (Service).as permitted in these terms.
LICENCE
Subject to your compliance with these terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to use and display, solely for your personal, non-commercial use, provided that you have paid any applicable fees and satisfied applicable conditions, the Software and the Service.
YOUR PRIVACY
We only use any personal data we collect through your use of the Software and the Services in the ways set out in our Privacy Policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Software or the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
THE PLAYSTATION®NETWORK AND FACEBOOK TECHNOLOGIES IRELAND LIMITED’S (OCULUS) TERMS ALSO APPLY
The ways in which you can use the Software may also be controlled by the PlayStation®Network and Facebook Technologies Ireland Limited’s (Oculus) rules and policies.
OPERATING SYSTEM REQUIREMENTS
This software requires a PlayStation®4 device with a minimum of 8GB of memory and PlayStation®4 system software version 4.05 or later.
This software is also compatible with Oculus Go or Oculus Rift devices.
SUPPORT FOR THE SOFTWARE AND HOW TO TELL US ABOUT PROBLEMS
Support.
If you have questions about the Software, please contact us by email: contact@fountain-digital.com We commit to solve and eradicate any bugs and faults reported to us as swiftly as possible.
Contacting us (including with complaints).
If you think the Software or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at contact@fountain-digital.com.
Feedback.
We welcome feedback, comments and suggestions for improvements to the Software or Services (“Feedback”). You can submit Feedback by emailing us at contact@fountain-digital.com. If you provide us with any Feedback or suggestions regarding the Software or Services you hereby transfer to Fountain Digital Labs all rights in such Feedback. You also agree that Fountain Digital Labs shall have the right to use and fully exploit such Feedback and related information in any manner we consider appropriate.
We aim to respond to User’s questions, request for support and/ or Feedback within two working days.
In case of an emergency.
Virry VR is not designed to assist with crises such as abuse, severe mental health conditions that may cause feelings of suicide, harm to self and any other medical emergencies. Virry VR cannot and will not offer medical or clinical advice. If you are having suicidal thoughts or planning to act on suicidal thoughts, or if you feel that you may be a danger to yourself or to others, or if you otherwise have any medical or mental health emergency or severe mental health condition, or if you are in a crisis or trauma or abuse, please discontinue use of the Service immediately and call the relevant emergency number in your country and notify the police or emergency medical Services. For example, call the NHS helpline on 111, or you can find your country-specific suicide emergency number at: Suicide.org - Suicide Prevention, Awareness, and Support
We will not be held responsible for any delay or failure to comply with Our obligations under these Agreement if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect your statutory rights.
How we will communicate with you.
If we have to contact you we will do so by email, using the contact details you have provided to us.
HOW YOU MAY USE THE SOFTWARE, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
• download or stream a copy of the Software onto Sony PS VR, Oculus Rift, or Oculus Go devices and view, use and display the Software and the Service on such devices for your personal purposes only; and
• receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE SOFTWARE
You must be 18 or over to accept these terms and buy the Software.
CHILDREN, CONTENT WARNING AND SAFETY NOTICES
Children:
Anyone under 18 should check with their parent/guardian before using the Service. Parents or guardians should read these terms and explain to any children using the Service how these terms will apply.
If you find that a child has accessed the Service and provided personal information without parental consent, please contact us at contact@fountain-digital.com. Please see our Privacy Policy for further details.
Content warning:
The Software immerses you in experiences where you will see a range of wild animals up close. None of these animals show any threatening, or violent behaviour, and the experiences are designed to be either playful or relaxing. However, some Users might find certain animals frightening, such as the predators, which include lions and a leopard, or scavengers, such as hyenas and baboons.
To avoid scenarios the User may find uncomfortable, the User can select which animals they want to see by choosing one of the picture icons in the Software’s menu which clearly illustrate the animals they will encounter in that option. If the User chooses an experience that they find frightening or distressing once they are in the experience, we recommend that they exit the experience using their controller, or carefully remove their headset device.
In the instance that a member of Staff is responsible for providing Virry VR to a User at their place of work, we recommend alerting the User to this possible discomfort and assisting with the removal of the device if necessary.
Motion sickness:
VR games may cause some players to experience motion sickness, in which instance we recommend that the User exit the experience using their controller, or carefully remove their headset device.
Virry has taken all possible measures to reduce the possibility of Users experiencing motion sickness by only using a stable camera when filming. There is no illusion of movement in any of the experiences and so no issue of latency of movement in Virry VR.
In one experience baboons lick the camera, breaking it from its mount and knocking it to the ground. However, the footage is stopped before the animal runs off with it to avoid giving the User motion sickness. The User is also warned by a voice over that the camera is moved before entering the experience.
Virry VR has passed Sony Playstations technical reviews, which does not allow for any latency in any of the products they offer.
In the instance that a member of Staff is responsible for providing Virry VR to a User at their place of work, we recommend alerting the User to this possible discomfort and assisting with the removal of the device, if necessary.
Eye strain:
Users spending too long using their device without taking a break can result in fatigue of their eye muscles, which can cause headaches. Virry VR experiences range from 5 minutes - 25 minutes, safely limiting the time spent in virtual reality. Virry VR is designed to be non-addictive. We recommend that Users should not use VR for any longer than they feel comfortable with.
In the instance that a member of Staff is responsible for providing Virry VR to a User at their place of work, we recommend alerting the User to this possible discomfort, monitoring the length of time Virry VR is being used and assisting with the removal of the device, if necessary.
Disorientation:
Users are directed to sit down comfortably before starting their Virry VR experience. We recommend Users sit in a stable chair, such as an armchair, which fully minimises the risk of falling if the viewer makes any sudden movements whilst wearing their device.
Any potential hazards in the room should be accounted for and removed before the User immerses themselves in another reality and is no longer aware of their physical surroundings.
In the instance that a member of Staff is responsible for providing Virry VR to a User at their place of work, we recommend that they ensure the User is sat in an appropriately secure chair and that the room they are in is free of any potential hazards that could harm their safety once immersed in the VR experience.
Ungranted access to User’s Mood Tracker:
The self-assessment of the psycho-emotional state of the User is carried out by selecting one of the following options at the beginning and end of an experience: Peaceful; Angry; Tired; Happy; Relaxed; Stressed; Sad; or Energised. The information collected by the Mood Tracker does not expose any psychotic deviations, or reveal anything about a person's medical condition.
Data from the Mood Tracker is saved only on the User’s device and is not collected by Fountain Digital. Please note that we have no control over how a User’s data is collected, stored, or used by the company that made their device and we strongly advise the User to check their device’s privacy policy before providing any data to them.
In the instance that the User’s device is shared with (an)other User(s), with whom they do not wish to reveal their true psycho-emotional state, we recommend that the User select whichever mood they feel most comfortable sharing, as it is not obligatory or necessary to share your true mood. The selection of a particular mood will not affect the User’s experience of Virry VR in any way.
In the instance that a member of Staff is responsible for providing Virry VR to a User at their place of work, we recommend that they advise the User that the answers given to the Mood Tracker will be available for other Users of the same device to see. If the User does not want to reveal their true psycho-emotional state to others, Staff should inform them that it is not obligatory or necessary to share your true mood and the User may select whichever mood they feel most comfortable sharing.
CLASSIFICATION
Our Virry VR package (Virry VR: Feel the Wild, Virry Safari: Wild Encounters, Virry Happy: mindfulness in nature VR) is classified as a Class 1 Medical Device registered with the Medicines and Healthcare products Regulatory Agency (MHRA) and is CE accredited, which means our services comply with the European Union Medical Device legislation. Please see the end of this document for Virry VR’s CE label.
All Virry VR products comply with NHS Clinical safety Standards and are DCB0129 compliant.
SAFETY
We pride ourselves on ensuring the highest clinical safety in our products. Our Clinical Safety Officer completes a review of our content every 4 months, or whenever new content is created, and a copy of our clinical safety case and hazard log are available on request.
YOU MAY NOT TRANSFER THE SOFTWARE TO SOMEONE ELSE
We are giving you personally the right to use the Software and the Service as set out above [“HOW YOU MAY USE THE SOFTWARE, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON]”. You may not otherwise transfer the Software or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Software is installed, you must remove the Software from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will notify customers via our website of any changes to these terms, or any of our other policies.
If you do not accept the notified changes you may continue to use the Software and the Service in accordance with the existing terms but certain new features may not be available to you.
UPDATE TO THE SOFTWARE AND CHANGES TO THE SERVICE
From time to time we may automatically update the Software and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Software for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software and the Services.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The Software or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the Software or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the Software or Services, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Service nor permit the Software or the Service or any part of them to be combined with, or become incorporated in, any other programmes, except as necessary to use the Software and the Service on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent programme that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Software;
- is kept secure; and
- is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software or the Service.
LICENCE RESTRICTIONS
You agree that you will:
• not rent, lease, sub-license, loan, provide, or otherwise make available, the Software or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the Software or Services, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software or Service nor permit the Software or the Service or any part of them to be combined with, or become incorporated in, any other programmes, except as necessary to use the Software and the Service on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent programme that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Software;
- is kept secure; and
- is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software or the Service.
ACCEPTABLE USE RESTRICTIONS
You must:
• not use the Software or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
• not use the Software or any Service for the purpose of harming or attempting to harm minors in any way;
• not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• not (and not to attempt to or encourage others to): (i) use the Software or Service for any use or purpose other than as expressly permitted by these terms; or (ii) distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software or Service or any portion of the Software or Service, except as expressly permitted in these terms; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and the Services throughout the world belong to us and the rights in the Software and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software or the Services other than the right to use them in accordance with these terms. All rights are strictly reserved.
You may not include a link to the Service or use or display the contents of the Service surrounded or framed or otherwise in another service, nor harvest or scrape content either from our pages, databases or our feeds unless previously agreed with us without our consent.
Virry and other Fountain Digital Labs Limited trademarks are a trademark(s) belonging to or controlled by us and which may be registered in certain jurisdictions. All other trademarks used on the Service are the property of their respective owners.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses.
The Software is for domestic and private use. If you use the Software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Software and the Services.
The Software and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software or the Service. Although we make reasonable efforts to update the information provided by the Software and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Software.
We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software or the Service.
Check that the Software and the Services are suitable for you.
The Software and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Software and the Services meet your requirements.
We are not responsible for events outside our control.
If our provision of the Services or support for the Software or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE SOFTWARE AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the Software and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Software and Services:
• You must stop all activities authorised by these terms, including your use of the Software and any Services.
• You must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the Software from them and cease providing you with access to the Services.
WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
CONTACT
If you have any queries regarding this Terms of Use please contact us by emailing contact@fountain-digital.com
Fountain Digital Labs Limited, registered in England and Wales as a limited company at Companies House (No. 08230374) with a registered company office at 2 London Wall Place, London, EC2Y 5AU, United Kingdom.
Last updated on 7 April 2021.
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