Legal Documentation

Terms of Service

Site Name ("the Company") Terms of Service Last Updated: insert current date Hey, thanks for checking out our games. Read through these Terms of Service (the "Terms") before you dive in. They cover how you use our website at Insert Site Domain ("Site"), our VR games ("Games"), and everything else we offer through the Site and Games. We're calling all of that together the "Services." Using our Services means you're agreeing to these Terms. If you don't agree, don't use the Services. Check out our Privacy policy for details on how we handle your information. Have fun!

1. Arbitration, Class Actions, Damages and Refunds.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 13 ("GOVERNING LAW AND FORUM CHOICE) AND 14 ("DISPUTE RESOLUTION") BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE TERMS ALSO INCLUDE A WAIVER OF RIGHTS BY YOU TO BRING A CLASS ACTION AGAINST US AND A LIMITATION ON DAMAGES THAT YOU CAN COLLECT FROM US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, COPY, OR USE THE SERVICES. WITH LIMITED EXCEPTION (SEE SECTION 5), ANYTHING YOU PURCHASE FROM US IS NON-REFUNDABLE. 2. Changes to Terms or Services. We can update these Terms whenever we want. When we do, we'll let you know as described in Section 15(d). You need to accept the updates to keep using the Services. Don't agree? Then you can't use them anymore, except as noted in Section 14(h) "Effect of Changes on Arbitration." The Services change over time, so we might modify or shut down any part of them without warning. We also reserve the right to push out patches, updates, or upgrades whenever we see fit.

3. Who May Use the Services and How?

(a) Eligibility. You need to be at least thirteen years old, able to enter into a binding contract, and not legally barred from using the Services. (b) Game Platforms. You're accessing our Games through third-party software providers that also handle downloads—think Steam or Oculus ("Game Platforms"). To get or download our Games through one of these platforms, you create an account with them (a "Gaming Account") and agree that their terms also apply to your use. If their terms conflict with ours, our Terms win. (c) Your Account. When you use our Services through a Game Platform, we get certain info about you from your Gaming Account, as explained in our Privacy Policy. We'll use that to set up an account for you, and you can add more information through the Services if you want (an "Account"). (d) Accuracy of Account Information. Keep your Account info accurate and current, including through your Gaming Account. If you don't, we might suspend or delete your Account.

4. Company Content.

(a) Company Content. "Content" means text, images, graphics, music, software, audio, video, writing, and anything else posted or made available through the Services. We and our licensors own all the rights to the Services and Content, including all intellectual property. (b) In-Game Content. We offer upgrades, add-ons, features, in-game currency, and other stuff you can use in the Services ("In-Game Content"). That might be virtual currency, character skins, weapons, gear, experience boosts, or items that make your game better. Sometimes we unlock quests or challenges that let you get extra rewards. In-Game Content can come with special events or "seasons" that have their own rules. You can buy access to some In-Game Content, get it with a purchase, or earn it through gameplay without spending money. All of it belongs to us. In-Game Content has no real-world value and you can't trade it, sell it, or get money back for it. You can't transfer, sell, or swap In-Game Content with anyone. Your access to In-Game Content follows the license terms in these Terms, and we can take that access away anytime without owing you anything. Other restrictions might apply depending on how the Games work, and we'll tell you about those separately. Within the limits of the law, we can change, swap out, replace, pause, cancel, or remove any In-Game Content whenever we want, with no warning or liability to you. (c) License Keys. We might sell or give you unique keys to play our Games through a Game Platform (a "License Key"). These are just for you—you can't give them away or sell them. If we think you've cheated or broken these Terms, we can disable your License Key and revoke your right to play. License Keys don't have monetary value and you can't trade them for money. (d) Rights in Content Granted by Company. As long as you follow these Terms, we give you a limited, personal, non-transferable license (no sublicensing allowed) to: (i) access and view the Content, including any In-Game Content you bought or got access to the right way; (ii) if you have a valid License Key or bought a Game through a Game Platform, download and install it on a computer you own or control. This is only for using the Services the way we allow. You can't copy, modify, or create new versions based on the Services. You can't distribute, share, sublicense, lease, lend, or rent our Services to anyone. You can't reverse engineer, decompile, or take apart the Services. You can't make the Services work for multiple users. We keep all rights to the Services, Games, and Content that we didn't specifically give you. (e) Streaming. You're welcome to stream your gameplay as long as you keep it non-commercial. Don't charge people to watch. Keep it within ESRB "T" guidelines (no swearing or nudity) or similar rating standards. Don't run competitions without our written okay, which might come with extra rules. If someone sponsors your stream, put "Sponsored By _______" (their name) as permanent text on it. 5. Payments. When you buy Games through a Game Platform, a License Key, or In-Game Content (each a "Transaction"), you're telling the Game Platform (or their payment processor) to charge you. They might ask for more info, like your credit card number, expiration date, email, and address (all "Payment Information"). You understand the Game Platform's terms also apply to your Transaction. When you start a Transaction, you're letting the Game Platform give your Payment Information to others to complete it and charge your payment method for what you picked (plus taxes and fees). You might need to prove who you are before finishing a Transaction. EXCEPT FOR THE GAME PLATFORM'S REFUND POLICY, YOUR PURCHASE IS FINAL. YOU CAN'T CANCEL IT OR GET YOUR MONEY BACK. If something goes wrong while you're paying, the Game Platforms can cancel the Transaction for any reason and refund whatever you already paid. 6. Beta Testing. Sometimes we release beta versions of our Services ("Beta"). Betas aren't guaranteed to work right and might break your computer or other device. When you use a Beta, you also agree to: (a) we can delete or change any software, data, Content, or info about the Beta, including stuff on your computer, anytime for any reason; (b) we can stop your access to the Beta anytime, which makes it unplayable; (c) if we stop a Beta, you'll delete it from your computer and everything you got from us about it; (d) you don't get paid for testing a Beta; and (e) testing a Beta doesn't mean you get the full game for free—you might have to buy it separately. 7. General Prohibitions and Company's Enforcement Rights. Don't do any of this: (a) use the Services for business (like VR arcades) without our permission, unless these Terms say you can; (b) act objectionably (cheating counts), violently, or in a way that discriminates or ruins it for other players, including harassment and trolling; (c) remove or bypass anything that stops people from misusing the Services; (d) fake any TCP/IP packet header or email header info, or use the Services to send false or misleading source info in any way; (e) grab anyone's personal info from the Services without their okay; (f) break any law or rule; or (g) help someone else do any of the above. We're not required to watch the Services or check Content, but we can do it to keep things running, make sure people follow these Terms, and obey the law. 8. Links to Third Party Websites or Resources. The Services might link to other websites or resources. We put them there for convenience but aren't responsible for what's on them or what they offer. You're fully responsible for and take all the risk from using any third-party site. 9. Termination. We can cut off your access to the Services anytime, in our sole judgment, without telling you. When we do, these sections stay in effect: 4(a), 4(b), and 10 – 15.

10. Warranty Disclaimers.

(a) Disclaimers with Respect to Our Services and Content. THE SERVICES AND CONTENT COME "AS IS," NO WARRANTIES. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We don't promise the Services will work for you or run without breaks, security issues, or errors. We don't promise anything about the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content. (b) Disclaimers with Respect to Third-Party Hardware. Our Services, including Games, might need third-party hardware like headsets or sensors (Oculus Rift or HTC Vive, for example) ("Third-Party Hardware"). We're not responsible for that hardware or any damage or problems from using our Services with it. You're responsible for reading any warnings or instructions that come with Third-Party Hardware and making sure your use of our Services follows those instructions. 11. Indemnity. You'll protect and defend us—Company, our officers, directors, employees, agents, contractors, and reps—against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including legal and accounting fees, that come from (i) your access to or use of the Services or Content, or (ii) you breaking these Terms.

12. Limitation of Liability.

(a) COMPANY AND ANYONE ELSE WHO HELPED CREATE, PRODUCE, OR DELIVER THE SERVICES OR CONTENT WON'T BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR CONNECTED WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE WERE TOLD THIS COULD HAPPEN OR IF A LIMITED REMEDY HERE FAILS IN ITS BASIC PURPOSE. SOME PLACES DON'T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR SPECIAL DAMAGES, SO THIS MIGHT NOT APPLY TO YOU. (b) VIRTUAL REALITY SOFTWARE, INCLUDING OUR GAMES, AND ANY THIRD-PARTY HARDWARE CAN AFFECT YOUR HEART AND BREATHING RATE, CAUSE MOTION SICKNESS OR DISORIENTATION, OR MAKE EXISTING MEDICAL CONDITIONS WORSE. YOU KNOWINGLY WAIVE OUR LIABILITY FOR RISKS THAT COME WITH USING VIRTUAL REALITY SOFTWARE, AND WE WON'T BE LIABLE FOR ANY CLAIM OR THEORY OF LIABILITY FROM THOSE RISKS. (c) OUR TOTAL LIABILITY FROM THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT WILL NOT EXCEED WHAT YOU PAID TO US FOR THE SERVICES OR CONTENT, OR ONE HUNDRED DOLLARS, IF YOU HAVEN'T PAID US ANYTHING. (d) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES ABOVE ARE KEY PARTS OF OUR AGREEMENT WITH YOU. 13. Governing Law and Forum Choice. These Terms and any dispute about them are governed by the Federal Arbitration Act, federal arbitration law, and Washington State law, ignoring conflict of laws rules. Except as set out in Section 14 "Dispute Resolution," any Disputes that don't have to go to arbitration go to state and federal courts in Seattle, and you and we both waive objections to jurisdiction and venue there.

14. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. Any dispute, claim, or disagreement about these Terms or how they're used, broken, enforced, explained, or whether they're valid, or about the Services or Content (all "Disputes"), gets resolved by binding individual arbitration only—not in any class, representative, or consolidated action. You and we both agree the U.S. Federal Arbitration Act controls this, and you and we both give up the right to a jury trial or to be in a class action. This arbitration clause stays in effect even after these Terms end. (b) Location of Arbitration. If you live in the United States, arbitration happens in your state, nowhere else. (c) Exceptions. These Disputes can go to court instead of arbitration: (i) anything that qualifies for small claims court; and (ii) anything about us stealing or infringing on your intellectual property. (d) Opt-out: You can opt out of arbitration entirely and sue us if you email info@swiftpilot.online within thirty days of first agreeing to these Terms. (e) Conducting Arbitration and Arbitration Rules. The American Arbitration Association ("AAA") runs the arbitration under their Consumer Arbitration Rules ("AAA Rules"), unless these Terms change them. Find the AAA Rules at www.adr.org or call 1-800-778-7879. To start arbitration, submit a written Demand for Arbitration to the AAA and give notice to us as the AAA Rules say. The AAA has a form Demand at www.adr.org. For claims under five thousand dollars, you pick whether the arbitration is document-only, by phone or video, or in person, based on the AAA Rules. Claims over that amount follow the AAA Rules for hearings. Arbitration happens in your county (or parish), unless we both agree otherwise. We agree the arbitrator decides everything about how this arbitration agreement works and whether it applies. (f) Arbitration Costs. The AAA Rules cover who pays filing, administration, and arbitrator fees. We'll cover all filing, administration, and arbitrator fees and costs if your Dispute is under five thousand dollars, unless the arbitrator says it's frivolous. If we win, we pay our own legal fees and costs and won't ask you to pay them. If you win, you get attorneys' fees and costs as the law allows. (g) Class Action Waiver. YOU AND WE AGREE TO BRING CLAIMS ONLY INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Also, if arbitration resolves your dispute, the arbitrator can't combine anyone else's claims with yours and can't oversee any class or representative proceeding. If this part isn't enforceable, then all of Section 14 "Dispute Resolution" is void. (h) Effect of Changes on Arbitration. Even though Section 1 "Changes to Terms or Services" says we can change things, if we change Section 14 "Dispute Resolution" after you first agreed to these Terms, you can reject that change by emailing info@swiftpilot.online within 30 days of when it took effect (shown in the "Last Updated" date or in an email from us). By rejecting the change, you're saying you'll arbitrate any Dispute with us under the version of Section 14 "Dispute Resolution" you first agreed to. (i) Severability. Except for Section 14(g) of these Terms ("Class Action Waiver"), if an arbitrator or court says any part of these Terms isn't valid or enforceable, the rest still applies.

15. General Terms.

(a) Entire Agreement. These Terms and anything else mentioned in them are the whole deal between us about the Services and Content. They replace any earlier agreements between us about this stuff. (b) Severability. To the extent the law allows, we'll interpret these Terms as broadly as possible. If any part isn't enforceable, the rest still works. (c) No assignment. You can't pass these Terms off to someone else. (d) Notices. Anything we tell you under these Terms, including changes to them, comes via email, in the Game itself, or posted on our Site—we pick. (e) No Waiver. Neither of us creates other rights just by doing or not doing something. If we don't enforce something in these Terms, that doesn't mean we're giving it up. Only a written waiver signed by someone authorized at Company counts. Except as these Terms specifically say, either party can use its remedies without affecting other options. 16. Contact Information. Questions about these Terms or the Services? Email us at info@swiftpilot.online.