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TACs v0.6 | © captic.io 2024 | 31 Dec 2024

 

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TERMS OF USE:

At Captic (the “Organisation”), we have written the following Terms and Conditions or Use (“Terms of Use”) in order to explain the rights and responsibilities that you accept to adhere to –both when using and after having used the services that we provide (the “Service”).

DEFINITIONS:

In this Agreement, the terms “we,” “us,” and “our” refer to Captic as an organisation. “You” refers to you, as a user of Service. By “Avatar”, we refer to your 3D representation inside the virtual rooms and any and all areas (the “Space” or “Spaces”) available within the Service. By “Username” we refer to the name you choose to use in order to create an account with us. By “Third-Party Services” we refer to websites, links, features, services, technologies and/or solutions that are not owned or controlled by us.

CONSENT:

By accessing the Service, you accept our Terms of Use, Privacy Policy and any other policies and guidelines that we publish in direct or indirect connection with our Service, incl. but not limited to Development Tools, Cookie Policy and Data Protection Agreement. By using the Service, you also represent and warrant that you are over 18 years of age and have full legal authority to grant us all rights and permissions necessary for the delivery and operation of the Service as well as give us permission to collect and analyse information as described below and across all our policies and agreements.

You accept that, for the purposes of improving the Service and for promotion, we might use any of your creations, avatar appearance, name, voice, likeness, activities, comments and data that you make available directly or indirectly with us (for instance via social media), as well as use suggestions and comments made about us and/or the Service (via any media) without any obligation to you whatsoever, incl. the obligation of having to obtain permission or credit. Additionally, you grant us a worldwide, perpetual, irrevocable, exclusive, royalty-free, transferable licence to use, edit, adapt, distribute all and any of the above data (in any media present or future, and including creating derivative works from it and/or feeding such data into A.I. applications and software (and any future versions).

CONDITIONS OF USE:

You further acknowledge that these Terms of Use, together with our Privacy Policy, represent the complete and exclusive statement of the agreement, oral or written, between the Organisation and you and that it supersedes any proposal or prior agreement between us relating to the subject matter of this agreement. You accept that these Terms of Use form the entire agreement between you and the Organisation and that there are no other rights and responsibilities related to the relationship between you and us beyond the ones described in this document and our Privacy Policy. Should sections of these Terms of Use be deemed invalid or unenforceable, the remaining clauses will continue to have effect.

We reserve the right (at our sole discretion and without the need to issue previous warning/s) to temporarily or permanently discontinue the Service for operational reasons or for any other reasons that we deem appropriate, without any obligation to you or any 3rd parties or clients. In order to guarantee optimum levels of performance, and for other reasons (incl. but not limited to keeping a respectful atmosphere) we reserve the right, also at our sole discretion and without warning, to ban you from any Spaces, incl. the permanent blocking or deletion of your account (and therefore your avatar and its associated appearance and nickname) and/or the blocking or deletion of any Space/s that you might have created and all the digital assets contained herein.

The Organisation does not, and cannot, pre-screen or monitor all user activity and is not responsible for the actions of its users. Opinions, advice, statements, offers, or other information or content (illegal or otherwise) made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You accept that you will monitor the activities in Spaces that you create and/or manage to ensure that all content and behavior adheres to these Terms of Use. If you, as a user, experience or observe situations that you would like to report to us, please reach out to us via [email protected].

Our Service might contain affiliate links that, when you click and purchase using such links, we and other users might get a commission.

We might allow users of the Services to add third party content, products or services to our Service. However, We are not responsible for reviewing the descriptions, quality, process of delivery and/or refunds and complaints that may arise from such activities. You accept that any and all communications and business dealings between you and other users of the Services and any purchases, rentals, terms, warranties or representations that are arranged are the responsibility of both you and the other user. We are not responsible to guarantee, endorse or adopt any products or services that are not directly and fully provided by us. When you leave the Service, you accept that our Terms of User no longer govern your use of such third party services.

Additionally, you agree not to:

  • Engage in, advocate, promote or assist any unlawful act, incl. but not limited to exploiting others, money laundering or illegal gambling;
  • Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
  • Transmit any material or content that is pornographic, dehumanising, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
  • Modify the design or alter the appearance of the Service and any of its components;
  • Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services and all and any information and IP created by its users except as permitted by this Agreement;
  • Use the Service in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Service, (b) constitutes an intrusion or attempt to break into the Service or the Organisation’s computers or networking systems, (c) will divert of the Service’s system resources, (d) may place a disproportionate load on the infrastructure of the Service, and (e) constitutes an attack on security and authentication measures of the Service or the Organisation’s website and operational ability.
  • Use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service
  • Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
  • Make use of another user’s account without permission or intentionally allow another user to access your account;
  • Intercept, monitor or disclose personal information about individuals or 3rd party organisations when using the Service via any means whatsoever.

INTELLECTUAL PROPERTY (“IP”):

You remain the owner of your own content at all times, and the Organisation does not claim any ownership rights over your IP.

You are solely responsible for safeguarding your own IP or the IP from others you are entitled to using. We have no duty to store copies of IP or any content or data in connection with you or your activities when using the Service for future availability to you or any user  We reserve the right to remove, in whole or in part, any content from the Service and from all and any Space/s that you might have created or edited without prior notice, for any reason or for no reason at all. We also reserve the right to decide whether content and activities are appropriate for use in the Service.

When using the Service, you accept not to use, share, transmit, transfer, edit and/or upload IP that is protected or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content. It is your responsibility to find ways to appropriately and fully credit the rightful IP owner of IP. You accept not to use, upload, transmit or encourage the transmission of any IP that may infringe other rights of third parties, including trademark, patent or which otherwise constitutes or promotes counterfeit materials or goods.

You acknowledge and agree that we retain ownership of and do not grant you any rights in relation to IP of any kind related to the Service, including applicable copyrights, trademarks, use of logo and other proprietary rights.

THIRD PARTY SERVICES:

The Service may contain links and tools that enable you to access, visit or use “Third-Party Services”. We do not control Third-Party Services, and we are not responsible for the content, nature, goal or quality of such solutions. Such Third-Party Services are governed by their own terms of use. A link to a Third-Party Service does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by the Organisation. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services regardless of its source. The Organisation may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between you and Third-Party Services even if you have been directed via the Services. The Organisation may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

INDEMNIFICATION:

You agree to defend and hold harmless the Organisation and its respective directors, employees, advisors, investors, contributors and associates from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees) related with your use of the Service and the use you make of it.

PRIVACY RIGHTS:

  • You have the right to see what personal data we have about you and how you’re using it. They also have a right to know how long you plan to store their information and the reason for keeping it that length of time. You have to send them the first copy of this information for free but can charge a reasonable fee for subsequent copies. Make sure you can verify the identity of the person requesting the data. You should be able to comply with such requests within a month.
  • You are entitled to request the deletion of any personal data we hold about you by sending to us this form filled with all information: https://gdpr.eu/wp-content/uploads/2019/01/RIGHT-TO-ERASURE-REQUEST-FORM.pdf to staysafe (at) captic.io. The information you provide via this form to us will be used for the purposes of identifying the personal data you are requesting that we erase and in order to respond to your request. You are not obliged to complete this form to make a request, but doing so will make it easier for us to process it.

PROHIBITED ACTIVITIES:

In the context of the Service, the promotion and/or sale of a series of activities and products (both physical and digital) are expressly prohibited by the Organisation. The Organisation, at its sole discretion, reserves the right to expand such categories and to decide if an item or activities is prohibited or not. By using the Service, you accept not to engage with prohibited categories as per the list below and understand that doing so may lead to actions such as but not limited to the permanent deletion of your account and Space/s and to potential legal action:

  • Discriminatory and offensive items and services in its widest sense.
  • Items and activities related to human trafficking, smuggling, or any form of exploitation, including but not limited to prostitution.
  • Items and services related to fine jewelry, luxury goods (e.g. collector items and cars) and artefacts that may have historic value.
  • Children’s content or featuring children as well as toys and, in general, items and services aimed at or intended for minors of any age.
  • Counterfeit Goods or any items and services that infringe trademarks or IP rights.
  • Weapons and Ammunition, incl. knives of any size and items capable of causing harm, incl. but not limited to ritual swords.
  • Items that are hazardous or that may contain prohibited or banned materials: toxic substances, radioactive materials, and industrial chemicals of any nature, incl. but not limited to paint.
  • Weight management and body image products of any kind, incl.  items promoting weight loss, muscle gain, or body alteration.
  • Alcohol and any products containing or derived from it, Tobacco and any products containing nicotine, e-cigarettes and vaping substances.
  • Drugs and Drug Paraphernalia, incl. narcotics, hallucinogenic substances, and any paraphernalia used in drug consumption or production.
  • Betting, gambling, slots, lottery, loot boxes and any surprise gift-related and similar items.
  • Adult Products, including erotic clothing and sexually suggestive materials.
  • Medical devices and any product that makes medical claims, even if approved by authorities such as the FDA.
  • Any products connected with animals, pets and wildlife, incl. but not limited to animal feed and medicine.
  • Items and services related to alternative medicine and spiritual activities.

LIMITATION OF LIABILITY:

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.

CHANGES TO OUR TERMS AND CONDITIONS:

We reserve the right to change this Terms of Use and our policy at any time, which will take effect immediately and supersedes any previous versions. It is your responsibility to periodically check our Terms of Use for updates.

CONTACT:

Should you have any suggestions or requests in connection with these Terms of Use, concerns about IP infringement or comments or feedback about Prohibited Activities you can contact us at hello at captic dot io.