Terms of Service

Effective Date: April 30, 2024

Welcome, and thank you for your interest in Forking Limited ("VRLegs," "we," or "us") and our website at www.vrlegs.xyz and VR headset applications ("VR Client") and other games, including any playtest program (collectively, our "Games"), and other online services.

These Terms of Service (these "Terms"), is a legally binding contract between you and VRLegs regarding your use of the Game.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING "I ACCEPT," OR BY USING THE GAME OR ANY PART OF THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you are not eligible, or do not agree to these Terms, then you do not have our permission to use the Game or any part of the Game.

You acknowledge and agree that, as provided in greater detail in these Terms:

(a) any Client is licensed, not sold to you;

(b) you may use the Game only as set forth in these Terms;

(c) the Games are provided "as is" without warranties of any kind and Forking Limited's liability to you is limited;

(d) disputes arising under these Terms will be resolved by binding arbitration, and by accepting these Terms, as described in greater detail in Section 18, you and Forking Limited are each waiving the right to a trial by jury or to participate in a class action.

In addition to these Terms, you may be subject to the following terms and policies, which are incorporated by reference: https://vrlegs.xyz/privacy-policy

1. Eligibility

You must be at least 13 years of age to use the Game. By agreeing to these Terms, you represent and warrant to us that:

(a) You must be at least 13 years old.

(b) Your registration and your use of the Game complies with all applicable laws and regulations.

If you are at least 13 but are under the age of 18("Ward") or the legal age of majority where you reside if that jurisdiction has an older age of majority, you may only use the Game with your parent's or guardian's consent and your parent or guardian must provide consent after having read these Terms.

In such a case, you represent and warrant and covenant that both you and your parent or guardian have read and consent to these Terms (including all the conditions, limitations, disclaimers, and waivers provided herein).

You further acknowledge and agree that by using the Game you are accepting a benefit that you cannot return or disgorge and that we are relying on your representations regarding your ability to accept and perform these Terms, and you therefore waive any right you may have under applicable law to void, rescind, or otherwise avoid this these Terms.

If you are a parent or guardian consenting to these Terms on behalf of a child between the ages of 13 and 18, you additionally agree to guarantee and be fully responsible for that person's performance hereunder, including all financial obligations or liability he or she may incur, and all disclaimers and waivers of applicable legal protections provided herein, and you agree to take all actions (including executing such additional documents or agreements) necessary to effect and perfect the foregoing.

In all other cases, you represent that you are 18 years or older and fully competent to enter into these Terms, and you hereby agree and acknowledge that you have read, understood, and agree to be bound by these Terms without modification.

If you are using the Game on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

You further represent and warrant that you are not listed on or covered by any sanctioned person lists administered by the United States government or United Nations, including but not limited to the United States Department of Treasury's List of Specially Designated Nationals and Blocked Persons, the United States Department of Commerce's List of Denied Persons or Entity List, and the United Nations Security Council Sanctions.

You further represent that you are not located in a country subject to comprehensive United States sanctions, including Iran, Syria, Cuba, North Korea, the Crimea region of Ukraine, the Donetsk People's Republic or the Luhansk People's Republic.

Should you become listed on or otherwise subject to any such list or are in a country subject to comprehensive United States sanctions, then you agree to immediately cease use of the Game.

Important Notice to California Residents: For United States residents, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd. , Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Game or to receive further information regarding use of the Game.

2. Privacy Policy

Your privacy is one of our main priorities, so please take time to read. https://vrlegs.xyz/privacy-policy If you have any queries or doubts, feel free to let us know.

For a full review of Meta's Privacy Policy visit https://www.meta.com/legal/quest/privacy-policy-for-oculus-account-users/.

For your own safety, do not disclose any personal information to anyone while using services. VRLegs developers will never ask for any personal information.

3. Entire Agreement

These Terms constitute the entire agreement between you and VRLegs with respect to the Game and services and supersedes any and all prior agreements, oral or written, rules and conditions of participation. In the event of a conflict between these Terms and additional terms, the latter will prevail over the Terms to the extent of the conflict.

Your use of the Game is subject to all additional terms, policies, rules, or guidelines applicable to the Game or certain features of the Game that we may post on or link to from any part of the Game (the "Additional Terms").

All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

These Terms (which include the Copyright Policy, the Privacy Policy, and, if applicable, any Additional Terms, and any Commercial Use Agreement between you and VRLegs (collectively, the "Ancillary Agreements")) is the entire and exclusive understanding and agreement between you and VRLegs regarding your use of the Game.

Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms.

The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

For purposes of these Terms:

• (a) the words "include," "includes" and "including" will be deemed to be followed by the words "without limitation";
• (b) the words "such as", "for example" "e.g." and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list;
• (c) the word "or" is used in the inclusive sense of "and/or" and the terms "or," "any," and "either" are not exclusive;
• (d) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Agreement as a whole;
• (e) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and;
• (f) whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa.

The headings set forth in these Terms are for convenience of reference purposes only and shall not affect or be deemed to affect in any way the meaning or interpretation of this Agreement or any term or provision hereof.

Any law defined or referred to herein means such law as from time to time amended, modified or supplemented, including (in the case of statutes) by succession of comparable successor laws.

If any part of these Terms are held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

4. Accounts and Registration

If you want to play "VRLegs", you must have a valid Meta account ("Account"). Forking Limited and/or VRLegs does not create or monitor accounts. All accounts are administered by Meta. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. We will not be liable for any loss that you may incur as a result of someone else's authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Forking Limited and/or VRLegs or third parties due to someone else's use of your Account.

5. Children

In accordance with the policies of Meta® and Valve® for VR games, the Game is not designed for Children. (A "Child" is a person under the age needed to consent to the processing of personal information in their country of residence. You are responsible for knowing the age requirement in your country of residence.)

User age is collected by the third-party gaming platforms Meta® in accordance with their policies. We do not collect information about the age of our users and/or we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any personal information about Children.

If we are notified that you are a Child, your account will be banned.

If you have any concerns about Children or need their information removed, please email us at support@forkingvr.com.

6. Limited License

Subject to your complete and ongoing compliance with the terms and conditions in these Terms, Forking Limited grants you a limited, non-commercial (except as otherwise specified in these Terms or other written agreement between you and Forking Limited), non-exclusive, non-transferable, non-sublicensable, revocable.

For clarity, the foregoing license is only granted for your personal use for lawful purposes, on compatible devices, you own or control, and to access and use the Game in accordance with these Terms.

The terms "VR Client", include any updates or modifications to the made available to you by or on behalf of VRLegs (unless provided with separate terms, in which case those terms are hereby incorporated into these Terms unless otherwise stated in those separate terms, and will control in the event of a conflict with the terms of these Terms).

Any use of our services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Restrictions;Prohibited Conduct;Monitoring to these Terms

7.1 Restrictions:

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in our services(unless you have a separate written agreement with Forking Limited that expressly permits you to do so).

You may not use any part of the Game for any commercial uses or other uses outside the scope of what is expressly permitted in these Terms without entering into a separate written agreement with Forking Limited that expressly allows that expanded use(such an agreement, a "Commercial Use Agreement").

Unless, and solely to the extent that, such a restriction is impermissible under applicable law or applicable third-party license, you may not, and may not permit any third party to:

1. decompile, reverse engineer, or otherwise access or attempt to access the source code for any portion of the Game, or make or attempt to make any modification to any portion of the Game or;
2. interfere with or circumvent any feature of the Game, including any security, or access control mechanism.

If you are prohibited under applicable law from using any part(s) of the Game, you may not use them.

Nothing in this Section 7 or these Terms is intended to restrict users from streaming their use of the Game through a third-party streaming platform, including Twitch, YouTube, Tiktok, and platforms owned by Meta, provided that such use is in compliance with all other terms of these Terms, and compliance with all applicable third-party terms relating to those third-party systems (such streaming, "Permitted Streaming"). You can also link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not link in such a way as to suggest any form of association, approval, or endorsement on our part.

Your use of any third-party streaming platform is subject to that platform's terms.

7.2 Prohibited Conduct:

By using the Game, you agree not to:

1. Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) our services or interfere with anyone else's use of our services;
2. Exploit, harm, threaten, or harass anyone, or engage in any other conduct that affects anyone else's use or enjoyment of our services or may harm Forking Limited, as determined by us;
3. Cheat, including, without limitation, by accessing any of our Games in an unauthorized manner, playing with multiple accounts, sharing accounts, using any techniques to alter or falsify a device's location (for example, through GPS spoofing), or selling or trading accounts;
4. Use our services, or any portion thereof, to send advertising or promotional material or for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
5. Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Game account without permission, or falsifying your age or date of birth;
6. Use our services in any way that violates applicable laws, or any manner to harass, abuse, stalk, threaten, defame other party, or otherwise or use our services to violate the legal rights of others or violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including, without limitation, their privacy, publicity, and intellectual property rights;
7. Collect or store any personal information from our services from other users of our services, without their express permission;
8. Bypass any security or other features of the Game designed to control how the Game is used, harvest, or mine user information from the Game, or otherwise access or use the Game in a manner inconsistent with individual human usage;
9. Remove any copyright, trademark, or other proprietary rights notices contained in or on our services;
10. Share, publicly post, copy, or distribute another user's user information without their permission or collect or store any personal information from our services from other users of our services;
11. Use the Game for any illegal purpose or in violation of any local, state, national, or international law;
12. Post, upload, or distribute any information or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
13. Interfere with security-related features of the Game, including by (i) disabling or circumventing features that prevent or limit the use, printing, or copying of any content or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Game, except to the extent that the activity is expressly permitted by applicable law;
14. Upload to the Game any software code, routine, or instructions that interfere with, or otherwise attempt to impair, the operation of the Game, including by (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii)use any robot, spambot, spider, crawler, scraper, or other automated means or interface not provided by us to access, search, or otherwise use any portion of the Game or to extract data;(iii) making any unsolicited offer or advertisement to another user; (iv) attempting to collect personal information about another user or third party without consent; or (v) interfering with or disrupting any network, equipment, or server connected to or used to provide the Game, or violating any regulation, policy, or procedure of any such network, equipment, or server;
15. Decipher, reverse engineer, decompile, or disassemble the Game, or the software used to provide the Game, in whole or in part, or authorize, direct, or cause a third party to do so;
16. Otherwise attempt to interfere with the proper working of our services; and use or access the Game in any manner that materially impacts the Game's performance or other Users' ability access the Game;

Although Forking Limited is not obligated to monitor access to or use of our Services, we have the right to do so for the purpose of operating and updating our Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user's access to any of our Services, at anytime and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using our Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects our Services, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.

7.3 Monitoring to these Terms:

Forking Limited reserves the right to monitor your use of the Game and track your game progress and playtime on the Game:

1. in an automated or manual manner to maintain the security and integrity of the Game;or help with player moderation.
2. if we reasonably believe such monitoring is necessary to investigate a violation of the Terms or applicable law; or
3. if we are otherwise required to do so by applicable law.

If at any time Forking Limited chooses to monitor your activities on the Game, then Forking Limited still assumes no responsibility or liability for the content or any loss or damage incurred as a result of the or your activities on the Game.

We are not obligated to review any voice chat or take any action regarding moderation.

We may also notify Meta and Law Enforcement (or other government agencies) if your behavior threatens the life or safety of yourself or others, or is deemed unlawful.

You may also report players for offensive behavior by using our Discord.

8. IP Ownership, Reservation of Rights

The Game, including any VR clients, is, as between you and Forking Limited, owned and operated by Forking Limited.

The VR clients, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code (including source code or object code), products, services, and all other elements of the Game (the "Materials"), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

As between you and Forking Limited, all Materials, including all associated intellectual property rights, are the sole and exclusive property of Forking Limited, its subsidiaries or affiliated companies, or its third-party licensors.

You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or use the Materials except as expressly authorized under these Terms.

Forking Limited reserves all rights not expressly granted in these Terms.

You do not acquire any right, title, or interest to the Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these Terms.

No right, title or interest in or to our services or any content thereof is transferred to you, and all rights not expressly granted are reserved by Forking Limited.

9. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

If your copyright-protected work was posted on the Game without authorization, then you may submit a copyright infringement notice (a "Takedown Notice").

Please be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests may only be sent in by the copyright owner or an agent authorized to act on the owner's behalf.

If you choose to submit a Takedown Notice, please remember that you are initiating a legal process.

9.1 Takedown Notice: If you have an intellectual property rights-related complaint about material posted on the Game, you can send a deletion notification via email. Email address: support@forkingvr.com.

All Takedown Notices alleging that infringe intellectual property rights must include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Game;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of those materials on the Game is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

DMCA is an American law.

We strongly recommend that Takedown Notices be submitted in English.

9.2 False Takedown Notices: The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)]

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation.

Forking Limited reserves the right to pursue legal action against those who submit a Takedown Notice in violation of the law.

9.3 Repeat Infringers: Forking Limited policy is to respond expeditiously to valid, DMCA-compliant notifications of claimed copyright infringement by removing, that is claimed to be infringing or to be the subject of infringing activity.

For clarity, only notices submitted under the Digital Millennium Copyright Act or the procedures set forth in this section should be sent to getVRLegs@forkingvr.com.

Any other comments, compliments, complaints, or suggestions about Forking Limited, VRLegs or any other matter should be sent to support@forkingvr.com.

IMPORTANT DISCLAIMER: WE ARE NOT YOUR ATTORNEYS. YOU SHOULD CONSULT WITH AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT COPYRIGHT LAW, TAKEDOWN NOTICES, OR YOUR USE OF PARTICULAR CONTENT.

10. Testing Disclaimer

The Game is still being tested and will be in an Alpha and Beta phase for a period of time and is provided on an "as is" and "as available" basis. It may contain defects, which we expect you to report immediately in our Discord.

Forking Limited allows you to participate in these testing activities to help improve the game. As such, as a participant in the Playtest Program, you may be exposed to confidential, pre-release materials and information about our Games.

You may not share, copy, disclose, distribute, stream, publish, transmit, post, or otherwise make available to a third party, directly or indirectly, any non-public information that (a) we disclose to you, (b) you may disclose to us, or (c) you may otherwise learn as the result of your participation in the Playtest Program.

You may be asked to provide us with Feedback based on your play experiences and agree that we will own, and you hereby assign to us, any and all Feedback that you may provide to us.

As long as you are participating in the Playtest Program, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to use our Games and any other documents, information, materials, or communications relating to our Games, solely for the purposes of participating in the Playtest Program and providing Feedback to us about your experience with our Games.

Use of our Games or confidential information regarding the Playtest Program in any manner not expressly permitted in these Terms is strictly prohibited.

We reserve the right, but are not obligated, to remove, disable, or suspend your participation in the Playtest Program at any time, without notice, and for any reason or no reason.

We reserve the right to withdraw or change the Playtest Program, in our sole discretion and without notice.

We will not be liable to you if for any reason all or any part of the Playtest Program is unavailable at any time or for any period.

We retain ownership and other applicable rights in the Playtest Program, which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11. Health and Safety

While you are using our Games, please be aware of your surroundings, and play and communicate safely.

The below should be reviewed before use of our Games.

Failing to review the below health and safety precautions may cause damage to property, injury, or death.

These health and safety precautions are not intended to be an exhaustive list, and use of our Games may involve other health and safety risks not contained below.

Forking Limited is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of our Games.

(a) Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including our Games. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing our Games. Stop playing our Games and consult a doctor if you have any of the following symptoms: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision, involuntary movements, or disorientation. Forking Limited is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of our Games. To reduce the likelihood of a seizure or epileptic symptoms do not play our Games when tired or need sleep, and take 10- or 15-minute breaks every 30 minutes while playing our Games.

(b) Motion Sickness. Playing video games (especially virtual reality games), including our Games, may cause motion sickness in some users. If you feel dizzy or nauseous when playing our Games, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activities until you feel better. To limit the risk of motion sickness while playing our Games, do not use our Games when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues which may increase your susceptibility to adverse symptoms.

(c) Repetitive Motion Injuries and Eyestrain. Playing video games, including ourGames, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eye strain: avoid excessive play; take a 10- to 15-minute break every 30 minutes while playing our Games; if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and if you continue to have any of the above symptoms or other discomfort during or after playing our Games, stop playing and consult a doctor.

(d) Play Area Precautions. Give yourself plenty of room to play our Games. Always be aware of your surroundings when playing our Games. While playing our Games in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using our Games. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing our Games should be removed from the play area prior to you playing our Games. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of our Games. Never handle sharp or dangerous objects while playing our Games. Due to the immersive nature of our Games, sound volumes should be kept at low enough levels so that you are able to maintain awareness of your surroundings while playing our Games and so as not to damage your hearing. You should not use our Games if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety, or when suffering from a cold, flu, headaches,migraines, or other illnesses.

Forking Limited requires that you read all of the safety, health warnings, and any applicable information regarding from Meta: https://www.meta.com/legal/quest/health-and-safety-warnings/.

Forking Limited will not be held liable for any health and safety issues arising from the use of any Meta Headset or any services provided by Forking Limited.

By agreeing to this disclaimer, you agree that you have read and agreed to Meta's terms and conditions.

12. Reliance on Information Made Available Through our Services

We do not warrant the accuracy, completeness, or usefulness of any information made available through our services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of our services, or by anyone who may be informed of any information made available through our services.

13. Modification of these Terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these terms periodically for changes. Revisions will be effective immediately except that, for existing Users, material revisions will be effective as stated below. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Game.

These Terms will be identified by the most recent date of revision and will be effective immediately upon being made available through the Game, except:

(a) if any such modification materially alters your rights under these Terms, we will through a pop-up window or other notification when you access or use the Game;

(b) such materially modified Terms will be effective upon the earlier of your use of the Game with actual knowledge of the changes or thirty days after the changes are made available to you; and

(c) no modifications to these Terms will apply to any dispute between you and Forking Limited that arose prior to the date of such modification.

Your use of the Game after modifications to these Terms become effective constitutes your binding acceptance of such changes. If you are dissatisfied with the terms of these Terms or any modifications to these Terms, then you agree that your sole and exclusive remedy is to discontinue any use of the Game.

14. Discontinuation and Modification of the Service

These Terms are effective beginning when you accept these Terms or first access or use the Game, and ending when terminated as described below.

14.1 Changes:
Our services are not necessarily always complete or up-to-date, and we are under no obligation to update them.
We reserve the right to terminate these Terms or modify or discontinue all or any portion of the Game at any time (including by limiting or discontinuing certain features of the Game), temporarily or permanently, without notice to you.
We may, from time to time, provide enhancements or improvements to the features or functionality of our Games, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features or functionalities of our Games. We will have no liability whatsoever on account of any change to the Game, including any paid-for functionalities of the Game, or any suspension or termination of your access to or use of the Game.
You agree that we have no obligation to provide any updates or continue to provide or enable any particular features or functionalities of our Games.

14.2 Termination:
If you violate any provision of these Terms, your permission from us to use the Game will terminate automatically.
In addition, Forking Limited may in its sole discretion terminate your User Account on the Game or suspend or terminate your access to the Game at any time for any reason or no reason, with or without notice.
Pre-paid fees, if any, will not be refunded if your User Account or access to the Game is suspended or terminated due to violation of these Terms.
We also reserve the right to terminate these Terms or modify or discontinue all or any portion of the Platform at any time (including by limiting or discontinuing certain features of the Game), temporarily or permanently, without notice to you.
Upon termination of these Terms, (a) your license rights will terminate and you must immediately cease all use of the Game; (b) you will no longer be authorized to access your Game User Account or the Game.
We may terminate your access to and use of our services, at our sole discretion, at any time and without notice to you. Upon termination of our services, all provisions regarding Forking Limited limitation of liability and Sections 8 (IP Ownership, Reservation of Rights), 21 (Feedback), 17 (Disclaimer of Warranties), 7 (Restrictions; Prohibited Conduct; Monitoring to these Terms), 20 (Indemnification), 18 (Governing Law and Jurisdiction), 19 (Waiver and Severability), and Entire Agreement will survive such termination.

You acknowledge and agree that your use of services does not give you any right to monetary compensation or otherwise any rewards, trophies, achievements, maps, levels, game currency, characters, or content.

15. User Generated Content ("UGC")

15.1. User Content Generally: Any User may leverage certain features of the Game to upload, and publish content including, messages, photos, videos, images, folders, data, text, performances, and other types of works (all such content, "User Content"). As between you and Forking Limited, you retain copyright and any other proprietary rights in the User Content you post, subject to the licenses granted in these Terms or in any other agreement between you and Forking Limited.

15.2 Limited License Grant to Forking Limited: By posting any User Content, you grant Forking Limited a worldwide, non-exclusive, irrevocable, royalty-free, perpetual, fully-paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute that User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You understand that you are not entitled to any compensation, fees, consideration, or anything else in connection with the UGC you created. You agree that you will not violate any intellectual property, you will not violate any third party contract, or violate any applicable laws. Forking Limited is not responsible or liable for any UGC created by you. You agree that at any time Forking Limited may request that you remove, and/or Cease and Desist use of such content, which you will remove within a period of 7 days after notification.

15.3 Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Game in a public portion of the Game, or by setting any of your User Content to public, you grant those Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Game.

15.4 User Content Representations and Warranties: You must not post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Forking Limited disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of posting User Content. By posting User Content, you affirm, represent, and warrant that:
a. You are the creator and owner of that User Content, or have the necessary licenses, rights, consents, and permissions to authorize Forking Limited and Users to use and distribute that User Content as necessary to exercise the licenses granted by you in this Section 16.4, in the manner contemplated by Forking Limited, the Game, and these Terms;
b. your User Content, and the posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate or cause Forking Limited to violate any law or regulation, or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
c. Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. Uploading such User Content is also a violation of Section 7 of these Terms.

15.5 Deleting User Content: Where permitted by functionality within the Game, you may delete copies or instances of your User Content that you have uploaded through the normal functionality of the Game. If you delete your User Content through use of that functionality, the licenses granted by you in this Section 16 to your User Content terminate as described in this Section 16.5 with respect to the particular copies or instances of your User Content that you have deleted. The termination of the licenses does not apply to any copies or instances of the same User Content that you have not specifically deleted from the Game, including those that may be displayed elsewhere or that may be stored by other Users to whom you have transferred or sold copies. The licenses under this Section 16 that you have granted to your User Content that you delete through the Game will survive termination solely to allow Forking Limited to:
a. retain server copies of particular instances of your User Content, including copies stored in connection with back-up, debugging, and testing procedures; and
b. enable the exercise of the licenses granted in this Section 16 for any other copies or instances of the same User Content that you have not specifically deleted from the Game, including those that may be displayed elsewhere or that exist in other Users' account inventories.

15.6 User Content Disclaimer: We are under no obligation to edit or control User Content that you or other Users may post and will not be in any way responsible or liable for User Content. Forking Limited may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Game, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Virtual avatar available through VRLegs is created by other users or third parties, and Forking Limited does not control or actively monitor the content or technical features of individual avatars, or other User Content. You understand that you use any virtual avatar at your own risk. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Forking Limited with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If there are Users that User Content allegedly does not conform to these Terms, we may (but are under no obligation to) investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

16. Disclaimers; No Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

ALL PARTS OF THE GAME AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE GAME (INCLUDING ANY USER CONTENT) ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Forking Limited EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY OR THE GAME, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE GAME, OR THE QUALITY OR CONSISTENCY OF THE GAME.

THE Forking Limited ENTITIES DO NOT WARRANT THAT THE GAME OR ANY PORTION OF THE GAME, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE GAME (INCLUDING ANY USER CONTENT), WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Forking Limited ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE GAME AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE GAME (INCLUDING ANY USER CONTENT), INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER Forking Limited NOR ANYONE ASSOCIATED WITH Forking Limited REPRESENTS OR WARRANTS THAT OUR SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING OUR GAME AND SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM Forking Limited, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Forking Limited FURTHER DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO YOUR CARRIER'S NETWORK OR SERVICE.

YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF SAID SERVICES MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PERSONS OR PARTIES.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES.

YOU UNDERSTAND THAT Forking Limited DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF OUR SERVICES.

Forking Limited MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GAME OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE GAME WILL CREATE ANY WARRANTY REGARDING ANY OF THE Forking Limited ENTITIES OR THE GAME THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE GAME, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE GAME.

YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE GAME, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE GAME AND ANY ASSOCIATED SITES OR GAMES, AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE MOBILE USED IN CONNECTION WITH THE GAME), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE GAME OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Forking Limited DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT Forking Limited IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

17. Governing Law and Jurisdiction;Binding Arbitration and Class Action Waiver

Please read this section carefully as it affects your rights, including your right to file a lawsuit in court.

17.1 Governing Law and Jurisdiction:
These Terms are governed by the laws of the State of California without regard to conflict of law principles that would result in the application of the laws of another jurisdiction.

17.2 Informal Resolution:
In the interest of resolving disputes between you and Forking Limited in the most expedient and cost-effective manner, you and Forking Limited agree to try your best to engage directly and settle any disputes, claims, questions, or disagreements and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

17.3 Binding confidential arbitration in English. (The arbitration proceeding in this section shall be on an individual basis only.):
Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, and may allow for more limited discovery than in court, and can be subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award.
This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Game, and communications from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
If an agreed upon solution is not met within a 30 day period from the informal dispute resolution initiation, under the Informal Resolution section (Section 15.1), then either party may initiate binding arbitration as the sole means to resolve the dispute. But subject to the terms below:

1. Dispite the provisions of Section 18.1, nothing in this will be deemed to waive, preclude, or otherwise limit the right of either party to:
   • pursue an enforcement action through the applicable federal, state, or local agency if that action is available.
2. Any dispute that is not resolved under the Informal Resolution provision (Section 18.2) shall be resolved by arbitration in accordance with the Rules of Arbitration settled by the Judicial Arbitration Mediation Services Inc. ("JAMS") https://www.jamsadr.com/ subject to the U.S. Federal Arbitration Act and federal arbitration law.
3. If these Terms allow for arbitration proceedings, then you and Forking Limited must agree to use a neutral arbitrator to make the final decision in order to resolve any disputes.
   The arbitrator's decision is final and binding, except for limited review by courts under the U.S. Federal Arbitration Act, and can be enforced like any other court order or judgment.
   If you are based in the European Union or the United Kingdom, the provision of this section shall not apply to you and you may file a claim in your country of residence. (For international filings, see section 18.7.)

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Forking Limited ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.4 No Class Actions:
YOU AND Forking Limited AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and Forking Limited agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17.5 Arbitration Process:
To start an arbitration, you must initiate on the JAMS website, stating a "Demand for Arbitration." You will pay the filing fee and notify Forking Limited with an official copy of the arbitration filing at support@forkingvr.com.
The arbitration will be conducted by a single JAMS arbitrator with experience in resolving intellectual property and commercial contract disputes.
The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
The arbitrator will resolve any disputes, the decision will be final and binding and documented in a written statement stating the decision of each claim and the basis for award (This will also include essential information, legal findings, and conclusions).
The arbitrator will only award legal or equitable remedies that are requested by you or Forking Limited to satisfy either party's individual claims. The arbitrator will not award relief against Forking Limited to any person or entity other than you.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

You and Forking Limited agree that arbitration will be conducted in the English language and that the arbitrator will be bound by these terms.
If an in-person arbitration hearing is required, the hearing will take place in California, USA.
If the dispute is finally resolved through arbitration in your favor, Forking Limited will pay you the highest of:
(i) the amount awarded by the arbitrator, if any;
(ii) the last written settlement amount offered by Forking Limited in settlement of the dispute prior to the arbitrator's award; and
(iii) $1,000.

17.6 Notice; Process:
All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

During the arbitration, the amount of any settlement offer made by you or Forking Limited must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

17.7 Arbitration Fees:
If you file for arbitration, you must pay the JAMS filing fee required for consumer arbitration. JAMS costs do not include attorneys’ fees and costs. JAMS costs are not counted when determining how much a dispute involves. The payment of any fees will be decided by the JAMS Rules.

In any arbitration arising out of or relating to this agreement, the arbitrator shall award the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstance where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

17.8 JAMS Arbitration Clause for International Commercial Contracts:
Any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. This tribunal will consist of three arbitrators.
The place of arbitration will be California, USA.
The language of arbitral proceedings will be English.
Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

17.9 Modifications to this Arbitration Provision:
If Forking Limited makes any future change to this arbitration provision, other than a change to Forking Limited's address for Email Notice, you may reject the change by sending us written notice within 30 days of the change to Forking Limited's address for Email Notice, in which case your Game Account with Forking Limited will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

If you are a California resident, you also agree that disputes with Forking Limited ("VRLegs", "we", "us," "our") must be resolved on an individual basis through final and binding arbitration in the State of California in the United States of America as described in detail in Section 18.

18. Waiver and Severability of Terms:

No waiver by Forking Limited of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Forking Limited to assert a right under these Terms will not constitute a waiver of such right.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

19. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Game.

You shall release and indemnify, defend and hold harmless Forking Limited, its affiliates, agencies, as well as the officers, directors, employees, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and any court costs), claims or actions of any kind whatsoever arising or resulting from your use of the Game or services provided by Forking Limited, and you will defend and indemnify Forking Limited and its officers, directors, managers, members, employees, consultants, affiliates, subsidiaries, and agents and any licensors or suppliers that provide Materials (together, the "Forking Limited Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Game; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

If you are prohibited from entering into indemnification, then you assume, to the extent permitted by law, all liability of all claims, demands, actions, losses, liabilities, and expenses (including attorney’s fees, costs, and expert fees) that are stated in indemnification.

Your violation of these terms and conditions, and any of your acts or omissions will result in the banning of your account from Forking Limited's services.

You agree to cooperate fully with Forking Limited in the defense of such matters.

20. Feedback

If you provide Forking Limited with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Game ("Feedback"), such Feedback is provided on a non-confidential basis (notwithstanding any notice to the contrary you may include in any accompanying communication), and Forking Limited will have the right to use such Feedback at its discretion, including the incorporation of such suggested changes into the Game.

You hereby grant Forking Limited a perpetual, unrestricted, irrevocable, nonexclusive, fully-paid up, royalty-free license under all rights necessary to exploit and use your Feedback for any purpose, including to improve the Game and create other products and services.

We will have no obligation to provide you with attribution for any Feedback you provide to us.

21. Contact Information

The Game is offered by Forking Limited If you have any questions, complaints, comments, or concerns regarding this TOS or anything else relating to the services provided by Forking Limited, email support@forkingvr.com.

If you are a law enforcement agency, please email us at support@forkingvr.com With the subject line "Law Enforcement Request."