Thank you for your interest in the Volories PictoryTale AS Augmented Reality platform. This agreement serves as the licence terms to use our service and respect the Intellectual Property and privacy of others who assign their individual copyright in their Content including but not limited to videos, jpegs, screenshots, 2D Videos, 3D objects, Volumetric Video, 3D models and other Content available through the platform.
This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE Volories PLATFORM.
End User License Agreement
THIS AGREEMENT is made BETWEEN
PICTORYTALE AS, (the “PictoryTale”) with principal offices at Markens gate 8, 4611 Kristiansand S Norway (company registration no. and tax number: 918 779 205)
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1. Definitions and interpretation
In this Agreement (including the recitals) unless the context otherwise requires:
Agreement means this agreement and its schedule;
Assigned Rights if PictoryTale AS makes an offer to a Content Creator these rights will apply to the Content on the following basis including to publish, distribute, transmit, broadcast, communicate, show and play the Content on the Platform. This includes the ability to adapt the Content for the above purpose and to authorise any of PictoryTale AS third parties to do so.
Platform or Volories means the Volories Augmented Reality Platform as detailed in Schedule 1;
PictoryTale AS Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, source code, trade marks including the registered or pending Volories or PictoryTale TradeMarks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields including its created Content.
Content includes but is not limited to screenshots, jpegs, photographs, .mp3s, video, streaming video, Augmented Reality (AR) Content, Chroma Key Alpha Channel, 3D Volumetric Video, 3D Objects, 3D Volumetric Objects and 3D Scanned Objects that PictoryTale AS has created and retains ownership to.
Content Creator means anyone uses the Platform and provides User Generated Content in the
Content Purchase includes content purchased by PictoryTale AS under a Content Purchase License. As a user of the PictoryTale Platform PictoryTale AS may make an offer to you for which is subject to a separate assignment agreement. This agreement will include the Assignment Rights.
User Generated Intellectual Property means Content that is created by the Licensee and includes but is not limited to Content including 2d video, jpegs, Chroma Key, 3D Volumetric Video, 3D Objects, 3D Volumetric Objects and 3D Scanned Objects that PictoryTale AS has created and retains ownership to.
Licensed Period means the term of the license in Schedule 1 or unless terminated by the parties in writing in accordance with Cl. 14.
Terms means the terms and conditions of this Agreement.
In this Agreement unless the context otherwise requires:
2.1.1 headings are for convenience only and do not affect its interpretation and construction;
the singular includes the plural and vice versa;
2.1.2 words importing a gender include other genders;
2.1.3 where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning; reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
2.1.4 "includes" is not a word of limitation;
2.1.5 a reference to any thing is a reference to the whole and each part of it;
2.1.6 a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
2.1.7 a reference to a document includes all amendments or supplements to, or replacements or novation of, that document.
3.2.1. selecting the 'Accept' option;
3.2.2. upon downloading, installing or using the Platform (whichever comes first),
3.3.3. If you do not agree to the Terms of this Agreement, you must not install, use, or copy the Platform.
4. License grant
This Agreement entitles you to
4.1. install and use this Platform by the Licensor for the period of the License Period;
5. Permitted Uses
This Agreement permits the installation of the Platform for the purposes of the License Period only and must not be installed:
5.1. on any configuration or system of mobile devices or computers that allows multiple users.
5.2. on a system that allows shared use of applications;
5.3. on a multi-user network; and
5.4. on any configuration or system of mobile devices or computers that allow multiple users by the provider who has been granted a license only.
6.1. Limitations on transfer
You may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to access to the Platforms.
6.2. Limitations on use
You may not:
6.2.1. share Content as part of the Licence within the Platform, with others;
6.2.2. decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Platform;
6.2.3. broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Platform or any part of the Platform;
6.2.4. post the Platform or part of the Platform on any website;
6.2.5. share the content that exists in the Volories app or any other Intellectual Property of any other user;
6.2.6. download any software or Content from the cloud outside the platform;
6.2.7. extract any Content from the Platform;
6.2.8. use Content from the Platform specifically any PictoryTale AS Intellectual Property.
6.3. PictoryTale AS may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
6.3.1 Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
6.3.2 Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by PictoryTale AS , including, without limitation Content within the Platform. The prohibited uses of the Platform include: (i)using Volories at commercial establishments; (ii) gathering currency, items, or resources for sale outside of the Platform or Volories (iii) performing in-app services including, without limitation, creating 3D objects for sale other than in the PictoryTale store (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, PictoryTale AS, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
6.3.3 Cloud Computing: Use the Platform, including Volories in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of AR content from a third-party server to any device.
6.3.4 Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated by AR objects generated by AR objects or the Platforms; provided, however, that PictoryTale AS may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
6.3.5 Duplicated Items: Create, utilize or transact without PictoryTale AS permission including exploiting a design flaw, undocumented problem, or program bug in the Platform.
6.3.6 Matchmaking: Host, provide or develop matchmaking services within Volories or intercept, emulate or redirect the communication protocols used by Volories in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks.
6.3.7 Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by Volories
6.3.8 Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
6.3.9 Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the AR experience for other users, or disrupt operation of the Platform in any way, including:
Disrupting or assisting in the disruption of any computer used to support the Platform or any AR or associated experience. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PLATFORM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
6.3.11 Violation of Laws: use the Platform to violate any applicable law or regulation.
6.4 Services and Third Party Materials.
6.4.1 You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that PictoryTale shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
6.4.2 Certain Services may display, include or make available content, data, advertising, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that PictoryTale is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. PictoryTale, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, Platforms, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
6.4.3 To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of services applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, that is owned by PictoryTale, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or PictoryTale. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Platform to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that PictoryTale is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Platform.
6.5 Limitations on derived works
You may not modify the Platform, create derivative works based upon the Platform, or use the Platform to develop any Platform having the same primary function as the Platform.
6.6 Limitations on alteration
You may not:
6.6.1. modify the Platform or create any derivative work of the Platform or its accompanying documentation. Derivative works include but are not limited to translations; or
6.6.2. alter any files or libraries in any portion of the Platform.
6.7 Limitations on copying
You may not copy any part of the Platform except to the extent that the licensed use inherently demands the creation of a temporary copy stored on a mobile device or in the computer memory and not permanently affixed on storage medium.
7 . Intellectual Property
7.1.1 The Software and any of the Intellectual property with the exception of User Generated Content Intellectual Property is considered PictoryTale AS Intellectual Property. The structure, organization and code of the Software are valuable trade secrets and confidential information of PictoryTale AS and considered PictoryTale AS Intellectual Property.
7.1.2 The Software is protected by law, including but not limited to the copyright laws of Norway, the United States and other countries, and by international treaty provisions.
7.1.3 this agreement does not grant you any Intellectual Property rights in the Software and all rights not expressly granted are reserved by PictoryTale AS and its suppliers.
7.1.4 PictoryTale AS and its holding companies reserve the right in all PictoryTale AS Intellectual Property.
7.1.5 User Generated Intellectual Property is content that is considered User created or Uploaded Content which in the use of the service PictoryTale is delivered perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit User Generated Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised known as User Generated Intellectual Property in any Content.
7.2 Third Party Intellectual Property Rights
7.2.2 Any access to or use of Volories through a software client other than Volories that logs into the Servers is subject to the Terms of Service.
7.3 User Created or Uploaded Content.
7.3.1 The Platform may provide you with an opportunity to upload and display content on the Platform, as part the use of Volories including any Content described in this agreement (collectively, the “User Content”).
7.3.2 The Platform i) has a feed for displaying videos created with Content by users, ii) accepts geo-tagged content from a certain group of users and ii) has assigned Video walls for the uploading of PictoryTale content for the Licensee in which the user may upload Content. User Generated Content specifically does not include any PictoryTale AS Intellectual Property, as defined above.
7.3.3 You hereby grant PictoryTale a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit User Generated Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised known as User Generated Intellectual Property in any Content.
7.3.4 PictoryTale AS shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Generated Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Generated Content or the elements thereof in conjunction with or into any other material.
7.3.3 In the event you upload or otherwise transmit to PictoryTale AS any concepts, ideas, or feedback relating to the Platform, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and PictoryTale AS .
7.3.4 Any such submission by you shall not create any contractual relationship between you and PictoryTale AS. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Generated Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party.
7.3.5 You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate.
7.3.6 PictoryTale AS may remove any User Generated Content and any related content or elements from the Platform at its sole discretion.
PictoryTale AS or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Platform and all copies thereof including its patents, trademarks, and copyright.
9. Warranties and exclusions
9.1. Consumer Law and other laws in force from time to time in Norway as regulated by The Consumer Council of Norway which may imply guarantees, warranties, conditions, and impose obligations on PictoryTale AS and its subsidiaries, affiliates, and suppliers ("Implied Terms”)
9.2 If these Implied Terms apply, PictoryTale AS liability will be limited at its option to resupply, repair or replacement of the Platform or the cost of such resupply, repair or replacement, to the extent permitted by law.
9.3. Unless otherwise explicitly agreed to in writing by PictoryTale AS, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.
9.4.Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
Exclusion of damages
9.5 Subject to any Implied Term, PictoryTale AS, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including loss of revenues or profits or loss of business) arising in connection with these Terms, the Platform, any software for the Platform or any support services for the Platform, whether based on contract, tort, statute, or any other legal theory.
10. Limitation of liability and remedies
To the extent that the applicable jurisdiction PictoryTale AS ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
11. Licensee indemnity
You will indemnify PictoryTale AS, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Platform, including but not limited to, any modification by you of the Platform which causes the Platform to infringe the intellectual property rights of a third party. This includes indemnifying PictoryTale AS, its directors, officers, employees, agents and contractors for any third party Content.
12. Variation of Terms
PictoryTale AS reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the Licence for the Platform or download the Platform whichever is applicable.
13. Licensed Term
Your license begins on the date the software is made available for download or installation and continues until terminated or the end of the Licensed Term. This is the start date of your subscription and continues until terminated.
Without prejudice to any other rights, PictoryTale AS may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement. In such an event, you must destroy all copies of the Platform.
14.1 If the Licensee materially breaches this EULA and does not cure that breach within thirty (30) days after receipt of written notice of the breach the non-breaching party may terminate this agreement.
14.2 If this agreement is terminated the Licensee must cease any further use of the software and destroy any copies used by you.
15. Confidential Information and Data
15.1 The Licensor agrees to hold in confidence and use no less than reasonable care to avoid the disclosure of any Confidential Information to any third party except for its employees, affiliates and contractors who have a need to know such information in connection with this agreement and are under written confidentiality obligation in relation to any confidential information stored through the Licensees use of the Platform.
15.2 How we Use your Data
PictoryTale AS processes and uses data to deliver, analyse, support and improve the Platform and as otherwise permitted by PictoryTale AS Privacy Statement - https://www.pictorytale.com/privacy.
15.3 PictoryTale AS maintains appropriate administrative, physical and technical safeguards, which are designed to protect the security, confidentiality and integrity of data processed by us.
PictoryTale will not use your personal data for purposes that are incompatible with the purposes listed in this global privacy statement, unless it is required or authorized by law, or it is in your own vital interest (e.g. in case of a medical emergency) to do so.
16 General provisions
16.1. Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is ineffective only to the extent of that prohibition.
16.2. Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision or of the remaining provisions in that or any other jurisdiction.
16.3. The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
16.4. This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.
16.5. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
16.6. This Agreement shall be governed and construed in accordance with the laws of Norway with the courts of Oslo as legal venue.
SCHEDULE 1 Platform
NAME OF Platform Volories
DETAILS OF Platform:
Volories is a platform for publishing and experiencing geo-location based AR content. AR content available in the platform can be used in intended ways to experience the AR content, create pictures or videos, and share them in the platform's own social media feed and in other social media platforms.
Some important features of the Platform include:
Volories: enables Qualified Content Partners to publish geo-tagged AR content at any GPS coordinate for users to experience at that location. Qualified Content Partners can publish their content in the Platform through our web admin panel.
Feed: a social media feed displaying user generated videos containing AR content published within the Platform. Feed also enables users to interact with each other’s videos.
Market+: includes a library of 3D digital assets and other AR content organized in theme-based packs which users can use for a fee or free-of-charge depending on the content. Market+ contains both content owned by PictoryTale and licensed from third parties.
LIMITATIONS OF USE This Agreement limits the use of the PictoryTale Volories Software to an individual user within the terms outlined in this agreement.