TERMS OF SERVICE AND END USER LICENSE AGREEMENT ("EULA")
The following terms of service and end user license agreement ("EULA") constitute an agreement between you and Gvanic, SL ("Gvanic"). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA "Software" means all software programs and files distributed, published or otherwise made available by Gvanic. "Services" means all services made available by Gvanic, including but not limited to services accessed by means of a browser or by other online communication method. Software and Services are collectively referred to as "Gvanic Services".
The copyright of the Software belongs to its authors, Girlvanic Studios, and it is protected by copyright laws and international copyright treaties.
The Software displays computer generated sexually explicit content. If you are not at least 18 years old or you are not of legal age to view this content, you are not allowed to directly or indirectly install, use, or access the Software. Being 18 years of age or older and of legal age to view sexually explicit content is a requirement in order to enter into this Agreement.
With installing, using, or accessing the Gvanic Services you are accepting this EULA and you agree to be bound by its terms.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR ACCESS THE GVANIC SERVICES.
1. Software Ownership
You agree that the Software is licensed, not sold to you. Purchasing a license confers no title or ownership in the Software and should not be construed as a sale of any rights in the software. All title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, outfits, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Gvanic.
2. Grant of License
If you lawfully acquired the Software and any required passwords from Gvanic or one of its authorized licensees and as long as you comply with the terms of this agreement, Gvanic grants a limited, non-exclusive, non-transferable, non-sublicensable license, to use the installed Software solely for your personal, non-commercial use, on a single computer or gaming unit accessible by a single user at a time. Gvanic reserves all rights in the Software not expressly granted to you in this EULA. The rights granted herein are subject to your compliance with this EULA.
3. General License Conditions
You agree not to: (i) commercially exploit the Gvanic Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Gvanic Services, any copies thereof, or any passwords of Gvanic Services; (iii) make a copy of the Gvanic Services or any part thereof; (iv) provide access to the Gvanic Services for use by other users; (v) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Gvanic Services, in whole or in part; (vi) interfere with, hack into or decipher any transmissions to or from the Gvanic Services; (vii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Gvanic Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (viii) misrepresent the source of ownership of the Gvanic Services; (ix) scrape, build databases or otherwise create permanent copies of content returned from the Gvanic Services.
The Gvanic Services may allow you to create content, including but not limited to screenshots or a video of your game play. In exchange for use of the Gvanic Services, and to the extent that your contributions through use of the Gvanic Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Gvanic an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Gvanic's and other users' use and enjoyment of such assets in connection with the Gvanic Services under applicable law. This license grant to Gvanic, and the above waiver of any applicable moral rights, survives any termination of this EULA.
4. Consent to Collection and Use of Data.
To facilitate the provision of Software content, dynamically served content, product support, and online services to you, you agree that Gvanic and its affiliates may collect, use, store and transmit technical and related information that identifies your computer and non‐personally identifiable game play and software usage statistics, without further notice to you. Gvanic and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.
5. Passwords
If the Software requires any password provided to you by Gvanic or one of its authorized licensees, you may NOT disclose your password(s) to anyone, under any circumstances, and you must keep it strictly confidential. Disclosing your password(s) to any other party grants Gvanic the right to revoke your License.
6. Sexually explicit content
The Gvanic Services display computer generated sexually explicit content. You hereby affirm that you are at least 18 years old and you are of legal age in your jurisdiction to view sexually explicit content, that you will not expose persons that are not of legal age to the content of the Gvanic Services, that you believe that sexually explicit content is not offensive or obscene, and that sexually explicit content is not deemed to be obscene or illegal in your community.
7. Ownership of the computer
You assert that you own the computer on which you download, install, and use the Software, or that you have authorization from the computer's owner to do so. You agree to provide a copy of this EULA to, and obtain the consent of all other users of the computer on which the software is installed. You agree not to use the software in any way that might offend other individuals or entities, or in any way that might violate laws, rules, or obligations that apply to the environment in which the Software is installed.
8. Voluntary Software and Right to Uninstall
You understand that the Software is voluntary software program and you may uninstall it at any time.
9. Disclaimer of Warranty
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GVANIC SERVICES ARE PROVIDED TO YOU "AS IS", WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. GVANIC DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. GVANIC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR‐FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY GVANIC OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GVANIC OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS LICENSE OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF GOODWILL, INTERUPTION OF SERVICE, WORK STOPPAGE, COMPUTER DISRUPTION, INTERFERENCE, FAILURE OR MALFUNCTION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH ALLEGED LOSS OR DAMAGE ARISES IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT GVANIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL GVANIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED ONE US DOLLAR ($1.00).
11. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License.
You agree that the provisions in this License that limit liability are essential terms of this License.
12. Severability and Survival.
If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
13. License Restrictions
Gvanic has no obligation to make available to you any prior or subsequent versions of the Software.
14. Termination of the agreement
This License is effective until terminated. This EULA may be terminated by uninstalling the Software from the computer on which it resides. Your rights under this License will terminate immediately and automatically without any notice from Gvanic if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control.
15. 18 U.S.C. Section 2257 Compliance Statement
All sexually explicit images displayed by the Gvanic Services are completely computer generated, the creation process of which never involved male or female live models of any kind. Some visual and audio depictions displayed in the product are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct. Girlvanic Studios, the copyright holders, are the primary producer of most of the visual content contained in the product.
Please direct questions pertaining to content of the product to contact@girlvanic.com.
16. Entire Agreement.
This License constitutes the entire agreement between you and Gvanic with respect to the Gvanic Services and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by Gvanic.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT contact@girlvanic.com.