Terms of use

11 December 2023

This Agreement sets the terms for your access and use of ‘Colorway Antics’ (the Game), a VR software game developed and distributed by Mīharo Innovations Limited, a company based in Auckland, New Zealand. All intellectual property (IP) relating to the Game is owned by Mīharo.

 This is a legal and binding agreement between you (‘you’ or ‘your’) and Mīharo Innovations Limited (‘Mīharo’). 

When you download, install, access, or use the Game, you agree to be bound by this agreement. If you are under the age of 16, your parent or legal guardian agrees to the Terms of Use before you use the Game.

This Agreement is solely for the exclusive benefit of you and Mīharo and there are, and can be, no third party beneficiaries. You cannot assign or otherwise transfer this Agreement. Mīharo may assign this Agreement and to delegate any of its obligations. 

IF YOU DO NOT ACCEPT, OR COMPLY WITH, ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OR HAVE A LICENSE TO ANY PART OF THE GAME.

You can access these Terms of Use at any time on the Game’s website. Mīharo may change, modify, add or remove portions of these Terms of Use by making the latest Terms available to you. Your continued use of the Game confirms your acceptance of the updated Terms of Use.

 

A LICENSE FOR YOUR PERSONAL USE ONLY.

This Game is licensed - not sold – to you, exclusively for your personal non-commercial entertainment use. 

You are not permitted to sell, sublicense, share, or otherwise transfer rights to the game to any third party. You may not, for example, decompile, reverse engineer, or disassemble the game, except as permitted by law. The game, including all code, data, images, sounds, text, screens, interfaces, and all other elements may not be copied, shared resold, sublicensed, rented, leased, uploaded to any computer system and/or network, distributed (electronically or otherwise), or otherwise used except as expressly authorised by Mīharo. Mīharo retains all rights, title and interest in and to the game, including all intellectual property rights.

The license is granted in exchange for the purchase price of the game.

In the event the game is used by you or by any third party without your prior authorisation for any commercial purpose, you agree that you will pay Mīharo a one-time license fee of no less than US$50,000.

 

SAFETY IS YOUR RESPONSIBILITY

This is a virtual reality game accessed via a virtual reality headset. When wearing the headset you may not be able to see, hear or feel your physical surroundings. It is your responsibility to:

  • Follow the headset manufacturer’s instructions for use and safety warnings; and

  • Control your surroundings and movements at all times when playing the Game to ensure that you don’t injure yourself or others, or to damage the equipment or your surroundings.

PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND EVEN CAUSE DEATH. YOU PLAY THE GAME IS AT YOUR OWN RISK.

 

GOOD CONDUCT IS REQUIRED

You are responsible for your conduct when playing the game, especially in interacting with others. As a condition to being granted this license and being given access to the game, you agree that you will not engage in conduct or communication either yourself, or through any avatar or alter ego, which:

  • encourages or constitutes behaviour that does not support a safe and welcoming environment for all users. This includes behaviour that is threatening, bullying, defamatory, abusive, obscene, pornographic, or which could give rise to any civil or criminal liability;

  • could infringe or lead to infringement of any copyright, trademark, or privacy right or any other personal or intellectual property right of any person or entity;  

  • is or could be taken as threats, slurs, hate speech or attacks on individuals or group on the basis of race, colour, gender, age, religion, national origin, sexual preferences, gender identity, or any other basis;

  • is a solicitation or advertisement for any commercial product or activity;

  • restricts, inhibits, or discourages any other user from enjoying the Game;

  • violates any local or international laws or gives rise to civil liability;

  • violates or infringes any rights of third parties such as copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right;

  • requests account login information from other players;

  • ‘spoofs’ (using of any means to disguise your online identity or alter original attribute information);-

  • uses or possesses programs to ‘crack’ the Game or other Internet security tools.

We may, at our sole discretion, immediately suspend or terminate your access to the Game should your conduct, in our sole determination, fail to conform to these standards.

 

COMMUNITY CONTENT

Mīharo supports the maintenance and growth of healthy, non-sponsored communities, fan-art channels, and content creator and streamer ecosystems and encourages and supports community creations that use our intellectual property, as long as they adhere to the terms outlined below.

Community Content includes, but is not limited to reviews, influencer blogs, fan art, animation, memes, crafts, game designs, performance, songs, music, game mechanics, stories, and any other creation that use the Game name and IP.  This Community Content must comply with each of the following requirements:

a. Streamers and content creators can monetize their use of our IP through platform (e.g. Twitch or YouTube) ads, platform currencies, and other standard platform methods provided the use of our IP adheres to all other conditions of these Terms;

b. Community Content other than streamer and content creator performances on major platforms as described at (a) above must have no commercial and/or monetary objective;

c. Community Content cannot be posted as stand-alone products, free or for purchase, to commercial platforms such as app stores (e.g. Apple App Store, Google Play Store, Steam, etc) or content stores (e.g. Etsy, Redbubble, Spotify, Bandcamp, Printful, etc). For clarity, this does not restrict streamers and content creators from posting their content to content creation platforms available on app stores (e.g. Twitch, Youtube, and Facebook);

d. Community Content must not use the Mīharo company logo or the Game logos and must not be presented in any way that could cause people to believe it is from Mīharo or an official Game product;

e. Community Content must not derogate Mīharo, our staff, our work or otherwise cause damage to our reputation;

f. Community Content cannot be used to communicate, distribute, or promote cheats or hacks to the Game; and

g. The Game is designed to appeal to broad audiences, as such any generated community generated content must be appropriate and must not be obscene, sexually explicit, defamatory, hateful, or harmful to others.

 

PRIVACY

Mīharo’s Privacy Policy will outline if and how they capture, use and/or share your data. By accepting these Terms of Use you are also agreeing to the Privacy Policy. You can access the Privacy Policy at any time on the Game’s website.

Mīharo may change, modify, add or remove aspects of the Privacy Policy and make the latest version available to you through the Game.  Your continued use of the Game confirms your acceptance of the updated Privacy Policy.

 

TERMINATING

The license granted in this Agreement is effective until terminated. You may terminate the license at any time by removing any elements of the Game that reside in any form on your computer system(s) and/or headsets. Mīharo may terminate the license granted immediately, and without notice, if you fail to comply with any term or condition of this Agreement.

 

DISCLAIMER OF WARRANTY

The Game is provided ‘as is’ without any warranties of any kind. To the maximum extent permitted by law, Mīharo disclaims all warranties including, but not limited to, warranties of continuous performance, non-infringement, and any other implied fitness for a particular purpose.

All risk arising from the use or performance of the Game rests with you.

Under no circumstances will Mīharo’s staff, directors, owners, suppliers or agents be liable for any consequential, incidental, indirect, punitive or other damages including, but not limited to, damages for loss of property, profits or opportunity arising out of this agreement.

 

INDEMNITY

You agree that Mīharo shall have no liability whatsoever for your use of the Game. You shall indemnify and hold harmless Mīharo from any third party claims, damages, liabilities, costs and fees arising from acts or omissions in connection with your use of the Game as well as claims that would not arise from your failure to fully comply with any term of this Agreement.

 

GOVERNING LAW

These Terms of Use are entered into and governed exclusively by the laws of New Zealand.

 

GOT QUESTIONS?

Let us know by email at support@colorway-antics.com.