Last Updated 30th September 2022
Hyperspace is a metaverse platform unlike any other. So before you enter, please take a couple of minutes and read these Terms of Service. This will help you to better understand Hyperspace and to learn what you can and what you cannot expect.
Hyperspace is provided to its members by ExitReality Inc (hereinafter referred to as “ExitReality”) subject to these Terms of Service including all policies linked to from these Terms of Service. An overview of those policies is provided in Sect. 23 with a corresponding hyperlink. Terms and Conditions of the members do not become part of the contract unless ExitReality has accepted them in written form. Questions which can arise regarding the internet connection, the connection with Hyperspace, or third party software (browser, operating system, drivers etc.) are not the subject matter of these Terms of Service, as these are not provided by ExitReality.
At a glance
1 Introduction to Hyperspace and basic terminology
1.1 Hyperspace is a 3D virtual environment with related 2D services. It is a simulated space accessible for and inhabited by real persons who have signed up for Hyperspace, the Hyperspace members, represented by their avatars.
1.2 Hyperspace is, to a great extent, shaped by the Hyperspace members, their actions, works, communications and desires.
1.3 Hyperspace's spaces such as room templates are spaces of the Hyperspace member who is their respective Author, provided in a basic form by ExitReality, modified by the Author. The Author may restrict access to their spaces.
1.4 At launch, Hyperspace will have no or very few public spaces. Public spaces are intended for introduction at a later stage. Hyperspace's public spaces will generally be public, i.e. open for all Hyperspace members.
1.5 Hyperspace's 3D virtual environment is simulated by the Hyperspace technology, software run locally by the Hyperspace member * as well as servers and software which run on these servers at ExitReality *(Hyperspace servers).
1.6 Hyperspace's content is everything you see or hear in Hyperspace, such as spaces, public spaces, items, or communication.
1.7 Basic Membership in Hyperspace is free and for non-commercial purposes only. Some services, actions or features may only be available as special features, for which you have to pay. You expressly acknowledge that any commercial activity requires a Commercial Membership. The Commercial Membership governs and admits the commercial use of Hyperspace. ExitReality therefore assumes that the holder of a Commercial Membership is not a consumer.
2 Who is ExitReality, and what do we do?
2.1 ExitReality is the provider of the Hyperspace technology and related services.
2.2 Hyperspace members enjoy a high level of freedom in their action (see Sect. 3 for limitations of this freedom). You may be exposed to content or actions you may find offensive, or objectionable. ExitReality does not generally control, regulate or pre-screen content made available by Hyperspace members or the actions performed by the Hyperspace members. Therefore, ExitReality has very limited control over the quality, accuracy, morality, legality of various aspects of Hyperspace. ExitReality may, however, take appropriate action against Hyperspace members who disturb Hyperspace, especially by not respecting their obligations (see 3).
2.3 ExitReality may, without prior notice, change aspects of Hyperspace to the extent as determined in Sect. 7, insert content or delete content originally inserted by ExitReality to the extent as determined in Sect. 7. In certain cases, ExitReality may have to delete content inserted by Hyperspace members without prior notice, especially content which is contrary to Sect. 3.
2.4 ExitReality is not a party to your agreement with any party that provides software, products or services to you in connection with Hyperspace.
3 You and Hyperspace
3.1 In order to have access to Hyperspace, you must sign up for Hyperspace and become a Hyperspace member. Some elements of Hyperspace, especially 2D services related to Hyperspace, may be available to the general public without requiring you to sign up.
3.2 You have to be of legal age in your country of residence to become a Hyperspace member. By signing-up you expressly declare that you are of legal age in your country of residence. Legal entities cannot sign up for the Basic Membership but have to become commercial members.
3.3 You acknowledge and agree that you are solely responsible for all your actions in or related to Hyperspace, especially as a Hyperspace member. You are always required to respect all applicable legal rules, including statutory law and these Terms of Service. Please consult the list of content and actions which are generally illegal which gives some examples.
3.4 You agree to follow the Rules communicated to the Hyperspace members by ExitReality.
3.5 In spaces and all other public spaces, your actions must not be indecent, offensive, or immoral. Please consult the list of content and actions which are generally not acceptable (Sect. 15.6) which gives some examples.
3.6 In spaces and all other private spaces, your actions must not be contrary to the rules provided by the respective Author. The obligations provided in Sect. 3.3 remain unaffected.
3.7 You will refrain from any other activity which is an obstacle to Hyperspace, or to an enjoyable Hyperspace experience, and follow the instructions of ExitReality, its employees, assistants and vicarious agents, including administrators and moderators of Hyperspace and its forums.
3.8 You acknowledge and agree to only access Hyperspace through the Hyperspace player or the 2D web interface provided by ExitReality.
3.9 You shall comply with all your other obligations under these Terms of Service (see especially Sect. 11).
4 Hyperspace key elements
4.1 You can purchase experiences, spaces, and other items, from ExitReality. Items in Hyperspace may decay. Please refer to the respective items description.
4.2 In order to become an Author, you have to purchase a subscription from ExitReality.
4.3 You acknowledge and agree that ExitReality may have to remove your space(s) or item(s) from you, especially in the event that a third party claims prior rights. A removal will however only occur, if the third party gives reasonable evidence of its prior rights. In this event, ExitReality will suggest an adequate alternative and equivalent space or item at no cost. Any termination right provided in these Terms of Services remain unaffected.
4.4 The Author is responsible for all content and other action within their owned space(s). The Author can enforce their own rules within their owned space(s).
4.5 Tokens are a feature of Hyperspace simulating an inworld currency, but not a real currency. ExitReality may sell tokens, but is not obliged to redeem tokens for real currency or any other monetary value. The possibilities to trade tokens may be or become restricted to commercial members or open for all Hyperspace members in ExitReality's sole discretion.
4.6 ExitReality may offer services which help you selling tokens to other Hyperspace members for real money. Special terms may apply for such service. ExitReality decides in its sole discretion whether to maintain, discontinue or modify such service.
4.7 Do not rely on the value of tokens. While ExitReality considers an “inworld economy” an exciting part of Hyperspace, inworld economies of virtual worlds platforms are in an early stage. ExitReality may, therefore, modify the economic system. New findings about economic mechanisms within Hyperspace, new legal framework, or other events within or outside Hyperspace are likely to make ExitReality modify economic parameters. ExitReality may decide in its sole discretion which amount of tokens (if any) new Hyperspace members receive upon registration, or the price for which tokens can be bought from ExitReality.
4.8 When transferring items from an owned space to a public space, please note that different rules may apply (see Sect. 3).
4.9 Experiences, spaces, tokens, and other items in Hyperspace are not “goods”, “property” or “real estate” as defined by law. In case you are “buying” experiences, spaces (and are referred to being an “Author”), tokens, or other items, you do not become the owner as defined by law, but the seller grants you a limited license, subject especially to these Terms and Conditions, irrespective of the terminology used. Notwithstanding any other stipulations and rights of ExitReality, such license ends when the contract between you and ExitReality ends, especially upon termination. Your experiences, spaces, tokens, and other items forfeit, unless otherwise provided hereinafter. Commercial Member created experiences will continue to remain active if the member logs in at least every 6 months. Experiences may be removed by the member. Features may be limited, such as updates, multiuser, tracking, invitations and editing. ExitReality reserves the right to introduce a periodic fee to continue hosting experiences.
4.10 ExitReality may offer the option to have your identity authenticated. Authenticated avatars will be highlighted as such. Please refer to the dedicated authentication page to see which measures ensure authentication. ExitReality would like to point out that such authentication can never exclude manipulations and discourages all Hyperspace members from relying on such authentication in important matters.
4.11 Notwithstanding any other language or context to the contrary, as used in these Terms of Service and throughout Hyperspace in the context of the transfer of tokens, items or other content, the term “sell” means “to transfer for consideration to another Hyperspace member the licensed right to use tokens, items or other content in accordance with these Terms of Service, the term “buy” means “to receive for consideration from another Hyperspace member the licensed right to use tokens, items, or other content in accordance with these Terms of Service” and the term “owner” means “to hold for consideration from ExitReality (directly or through another Hyperspace member) the licensed right to exercise the rights ascribed to an “own” in these Terms of Service, subject to these Terms of Service and all limitations contained therein, including but not limited to ExitReality's right to terminate such license according to these Terms of Service”. The terms “buyer,” “seller”, “owner”, “sale” and “purchase” and similar terms have corresponding meanings.
5 Signing up
5.1 You can only become a Hyperspace member by signing up for an account. An account can be created on Hyperspace.com.
5.2 Signing up, i.e. applying for an account, requires you to fill in a registration form and to submit various information.
5.3 By filling in the registration form for the account, you submit a binding offer to enter into a contract over the usage of Hyperspace (the Member Offer). All fields of the registration form which are marked as being “required” have to be filled in. Any statement you submit through the registration form must be complete and correct.
5.4 The contract between you and ExitReality is concluded when ExitReality accepts the Member Offer, either by declaring acceptance explicitly, otherwise by commencing to fulfil.
5.5 ExitReality will promptly confirm the reception of the Member Offer by e-mail sent to the e-mail address submitted by the member. This confirmation is not a binding acceptance of the Member Offer. The confirmation can, however, be sent together with such acceptance.
5.6 You become a Hyperspace member once ExitReality has accepted your Member Offer and created an account for you. ExitReality can decide in its sole discretion whether or not to accept your Member Offer and to create an account for you.
5.7 An individual may create several accounts. Accounts held by the same individual must not communicate or interact with one another (prohibition of pushing). It is especially prohibited to use one account to give advantages to another account held by the same individual, for example by transferring items, assets, or tokens from one account to another account or to rate or recommend one account with another account held by the same individual.
5.8 Once your account has been created, you may participate in Hyperspace by launching the Hyperspace player and/or logging in.
6 Access to Hyperspace through the Hyperspace player; auto update
6.1 Hyperspace may only be used through the Hyperspace player or with tools specifically provided or approved by ExitReality (“prohibition of non-authorized scripts”). It is strictly prohibited to alter or modify the Hyperspace player, as any such action potentially interferes with Hyperspace and may severely affect other Hyperspace members. It is also prohibited to decompile or reverse engineer the Hyperspace player without ExitReality's prior consent. If you feel you have the right to decompile the Hyperspace player in order to exercise your rights under statutory law or these Terms of Service, please contact ExitReality.
6.2 You are not allowed to use programs which might cause an excessive load on the Hyperspace server. Software which systematically or automatically performs commands or functions within Hyperspace (such as bots or macros) as well as software which may be used to reproduce or analyze Hyperspace, elements of Hyperspace or any Hyperspace content (save for the respective Hyperspace member's own content), is prohibited.
6.3 The Hyperspace player or tools specifically provided or approved by ExitReality may be updated from time to time by automatically connecting to an updating service. You acknowledge and agree that you have to enable such auto-update in order to continue to use Hyperspace or tools specifically provided or approved by ExitReality.
6.4 ExitReality is not responsible for any software used with or in connection with Hyperspace other than the Hyperspace technology.
7 Technical and commercial limitations; changes; availability
7.1 Unless otherwise provided for in these Terms of Service, Hyperspace is offered to you on an “AS IS” and “AS AVAILABLE” basis.
7.2 ExitReality offers the Hyperspace members to participate in Hyperspace over the Internet subject to technical and commercial limitations as defined below.
7.3 Technical and other requirements for Hyperspace (Specifications) are outlined on the Hyperspace website. As several hardware and software components which may affect the functioning of Hyperspace, such as the setup and configuration of the operation system or hardware drivers, are numerous and subject to change beyond ExitReality's knowledge or control, such Specifications cannot be accurate and complete at all times. You should never rely on the Specifications as listed on the website when purchasing new software or hardware. When in doubt you may seek prior advice in Hyperspace compatibility on Hyperspace's site, by asking Hyperspace members who are using the same component, or by contacting such component's manufacturer or retailer. ExitReality does not assume any liability for such third party advice. ExitReality will use commercially reasonable efforts to answer specific questions with regard to compatibility.
7.4 Hyperspace changes every day. Hyperspace members constantly add, delete or modify content. ExitReality may update, adapt, extend and change Hyperspace at any time, aiming to maintain an enjoyable experience for a maximum of Hyperspace members, but in its sole discretion and without prior notice. Therefore, you are granted a right of use only for the then current version. Content which you have purchased from ExitReality, such as spaces, will not be deleted (save for cases listed in Sect. 4.2).
7.5 ExitReality reserves its right to cease operation of Hyperspace at any time, without giving reasons or prior notice. If you have made payments in advance (for example in order to become a commercial member), your balance will be converted to an ExitReality store credit. Any other claims are excluded unless otherwise provided for in these Terms of Service.
7.6 ExitReality undertakes to assure an availability of Hyperspace of 99.9 % (ninety nine point nine percent) as a yearly average. Periods during which the Hyperspace servers are not available over the internet because of technical or other problems outside ExitReality's influence (such as force majeure or third party's fault) and periods during which routine maintenance works are carried out are excluded from this. ExitReality may restrict access to Hyperspace if required for network security, maintenance of network integrity, the prevention of severe malfunction of the network, the software or stored data.
8 Access to these Terms of Service; changes and further notices; contacting you
8.1 By submitting the Member Offer and using Hyperspace, you accept these Terms of Service as binding. Each log-in to Hyperspace is subject to these Terms of Service. The Terms of Service can be printed or saved on storage media before sending the Member Offer.
8.2 You acknowledge and agree that ExitReality may make changes of the Terms of Service (including amendments) at any given time, for the future, if this should prove necessary (especially in order to reflect changes in Hyperspace or changes in the legal framework for Hyperspace, such as new legislation or case-law) and if you are not disadvantaged contrary to good faith.
8.3 ExitReality reserves the right, in its sole discretion, to change these terms from time to time. You should review these terms periodically for purposes of understanding our then-current terms.
8.4 Unless otherwise provided in these Terms of Services or other agreements with you, ExitReality will usually communicate with you via e-mail. You shall make sure that you receive all e-mails sent by ExitReality to the address you have submitted to ExitReality in the Member Offer, or at a later date. You will especially configure the spam filter accordingly and regularly check all incoming e-mail under this address. ExitReality may choose any other appropriate means of communication.
9 Tariffs, payment conditions, late payment
9.1 You can access Hyperspace upon creation of an account (see above Sect. 5). You can either start with a Basic Membership or Commercial Membership. The Basic Membership is free or limited by features or time. However, you will not have access to all services, actions, and features of Hyperspace. You have to pay for Commercial Membership on a regular basis (subscription). You must not use a Basic Membership for pecuniary or commercial purposes. If you decide to start using Hyperspace commercially, you are obliged to purchase a Commercial Membership.
9.2 ExitReality may offer you the possibility to get access to payable special features, especially services or features or to the possibility to perform actions which are not available otherwise. A Commercial Membership gives you access to various special features, other special features may be acquired separately, and may or may not be restricted to Hyperspace members who do hold a Commercial Membership. Details on which special features are offered at which tariff, which functions and requirements they have, and which special features are included in the Commercial Membership can be learned from the Hyperspace website. Payments for special features may require a one-time or recurring fee are payable when ordering such special features. Payments for subscriptions are payable on a monthly or other periodic basis. The subscription will renew automatically if you do not cancel it according to Sect. 10.3.
9.3 Hyperspace is constantly undergoing development. Special features may therefore be added or removed or offered in the Basic Membership at any time, or features of the Basic Membership may become special features without prior notice.
9.4 In case you have made payments for special features for a period of time in the future, and cannot make use of these, because they are no longer offered and/or are offered in the Basic Membership as well, you may terminate the subscription for the special features with immediate effect and your account will receive a credit pro rata temporis. You do not have any other claims. In the event you have been notified and had the possibility to read the notification on the changes to the special features, and you did not terminate the subscription of the special features, latest with effect on the date of implementation of the changes relating to the special features, but continue to use Hyperspace, you may no longer terminate the subscription with immediate effect. Any other termination rights provided in these Terms of Services remain unaffected.
9.5 ExitReality will inform you about the possibility to terminate the special features and the legal consequences, especially the legal consequences of a lack of termination when notifying you about the changes of the special features.
9.6 ExitReality can ask for advance payment for the fees of the Commercial Membership (see above, Sect. 9.1) or special features (see above, Sect. 9.2). These fees are due upon conclusion of the contract on the Commercial Membership or the special features and will be collected by ExitReality using the form of payment chosen by the Hyperspace member. The amount to be collected will be referred to as “Hyperspace” or “ExitReality”, or may be referred to as a payment processing partner's charge on behalf of ExitReality, on the credit card / debit card / bank account statement.
9.7 ExitReality may, at any time, temporarily or permanently, introduce new products, services or forms of payment.
9.8 ExitReality may make price changes for subscriptions at any given time with a notice period of six weeks. Prices for special features which require a one-time payment can be changed at any time without prior notice. Notice on price changes for subscriptions is given by letter of indication, on the Hyperspace website, or via e-mail.
9.8.1 The price changes for subscriptions become effective if you do not contradict within six weeks upon receipt of this notice.
9.8.2 ExitReality will, in the notification about the price changes for subscriptions, inform you about the possibility to contradict and terminate and the legal consequences thereof, especially the legal consequences of not contradicting.
9.8.3 If you contradict in time, each party (i.e. you or ExitReality) may terminate the contract with one month prior notice, unless termination is possible at any time according to Sect. 10.2. Until termination, the former tariffs stay valid. Payments for services which may already have been made for periods of time after termination remain as a credit in your account for the period and will not be reimbursed. You do not have any other claims.
9.9 In case of late payment, ExitReality is entitled to ask an interest rate of 5 % above the then current base rate. In case of late payment, ExitReality is also entitled to disable or suspend special features for you and to deactivate or suspend your accounts for the duration of the delay. An account may be terminated some time after deactivation or suspension. For the period an account or the special features are terminated, you do not have to pay the respective subscription fees. However, you may have to pay ExitReality a processing fee for terminating the account, informing you about the termination and for re-activating the account or creating a new account upon full payment. The processing fees are listed on Hyperspace.com. You may prove that no damage or only a substantially lower damage has been caused.
9.10 In case you cause reversal debits and / or cancellation fees for the cancellation of debits through your fault, or a lack of backing of your bank account, you shall reimburse ExitReality for any such cancellation fees and costs.
9.11 ExitReality shall have the right to debit these cancellation fees and costs, along with the original fees, from your account. If payment of the fees is made through debit or through credit cards and reversal debits occur, ExitReality charges a service fee of USD 15.00 per debit / credit card transaction plus banking fees. You may prove that no damage or only a substantially lower damage has been caused.
9.12 You may only offset claims if you have a claim against ExitReality which ExitReality has not disputed or which has been declared legally binding by court decision. You may only withhold payment if you have a claim against ExitReality which has its origin in the same contractual relation.
9.13 You are not entitled to assign your claims against ExitReality to a third party.
10 Term, termination
10.1 Any contracts between you and ExitReality are entered into for an unlimited period of time, unless otherwise provided for in the offer or these Terms of Service.
10.2 Each party has the right to terminate the contract at any time with immediate effect, if no limitation of the usage period has been agreed upon. Subscriptions are contracts which are generally entered into for a limited period of time, but renew automatically if you do not cancel them according to Sect. 10.3.
10.3 In case the contract has been agreed upon for a limited period of time (cf. Sect. 9.2), the contract automatically renews for the same period of time unless the subscription or the contract has been terminated in time with a period of 14 days (unless another termination period has been foreseen in the contract), effective upon the end of the term. No reasons have to be given for such termination.
10.4 The parties remain free to terminate the contract for “important reasons” at any time.
10.5 In case ExitReality is responsible for a termination of the contract for important reason, you will be refunded for any payments you have made for a given period of time (especially for the Commercial Membership and subscription-based special features, but not for tokens or other special features with a one-time payment) for the period after the termination becomes effective. You do not have any other claims, unless otherwise provided in these Terms of Service.
10.6 ExitReality may terminate the contract especially for, but not limited to, the following Important Reasons:
- You are late in paying fees of at least USD 5.00, despite two reminders
- You culpably breach any legal rule, these Terms of Service, or the Rules, and such breach remains uncured despite written notice (possibly via e-mail); a written notice is not required in case of a severe contravention, i.e. when it would be unreasonable that ExitReality remains bound by the contract
- You have not used your account for six months despite a reminder
10.7 Important Reasons for which it would be unreasonable that ExitReality remains bound by the contract generally include:
- You are not of legal age
- You violate criminal law
- You violate the “prohibition of pushing” (see Sect. 5.7 above)
- You violate the prohibition of non-authorized scripts (see Sect. 6.1 above)
- You provide incorrect information upon registration (in the form of the Member Offer, see Sect. 5) or when purchasing or paying additional Features (see Sect. 9.2)
- You violate Sect. 3.3
- You violate Sect. 3.5
- Your further participation is likely to cause harm to Hyperspace, ExitReality, or other Hyperspace members.
10.8 In case ExitReality rightfully declares the termination for important reason, ExitReality is entitled to claim all fees which you would have had to pay for the rest of the term. You remain free to prove that no or only substantially lower damages were suffered.
10.9 If there is no option to terminate the contract within Hyperspace, the termination has to be declared in written form. A termination for important reason can only be declared in written form. E-mail is sufficient.
11 Principal obligations
11.1 Your principal obligation is to pay the fees, unless you use the Basic Membership (see above Sect. 10.1). Another principal obligation is to correctly and completely submit all data which ExitReality rightfully requests upon entering into the contract, or in the course of the contractual relation with you. Therefore, when signing up, you declare that the information relating to you or other facts relevant for the contract (especially age, address including country of residence, bank or credit card details, URL of your homepage including all contact and other details required by law) and which you provide in the Member Offer or upon conclusion or during the course of the contractual relation are accurate, complete and correct. You will inform ExitReality about any changes to this information without undue delay. Upon request, you shall confirm the data to ExitReality.
11.2 You shall respect the Rules. In case of continued breach of the Rules despite reminder or severe breach of the Rules (cf. Sect. 10.6), ExitReality may cease all services and deliveries immediately and without granting a deadline, and terminate the contract with immediate effect.
12 Third party software
12.1 ExitReality is not liable for damages or loss of data on your computer which is caused by the installation of software which does not originate from ExitReality.
12.2 ExitReality provides the Hyperspace player and supporting libraries. ExitReality does not provide or install any other software which may be required on your local computer, such as the operating system, or hardware drivers, if applicable. It is your responsibility to maintain the computer in a state which enables the use of Hyperspace (see also above, Sect. 7). ExitReality therefore does not provide technical support for the installation of software required on your local computer.
13 Access data
13.1 You shall keep all access data for Hyperspace (login, passwords etc.) strictly confidential. You will promptly inform ExitReality if you learn or suspect that an unauthorized third person is in possession of the access data. Please do this in written form, e.g. via e-mail.
13.2 In case ExitReality has reason to believe that an unauthorized third party is in possession of access data, ExitReality may, without assuming any responsibility to do so, and always acting at its sole discretion, change the access data without prior notice or block the respective account. ExitReality will promptly inform the rightful Hyperspace member and will, upon request, communicate the new access data to him or her without undue delay. You cannot claim to have your initial access data restored.
13.3 In case a third party uses, through your fault, Hyperspace with your access data, you are liable for the fees and for damages. All access through your access data shall be considered as an access by yourself.
13.4 Passwords should regularly be changed for security reasons.
13.5 You are solely responsible for the use of your account.
13.6 You must not use the account or access data of another member.
13.7 ExitReality will never ask you for your password. You should never disclose your password to any third person.
14 Viruses; malicious code; backups
14.1 ExitReality protects its systems against viruses and other malicious code. However, you acknowledge that virus infections and malicious code can never be completely ruled out. It is your responsibility to protect all data stored on your computer against unauthorized access, and against data loss. Suggested measures include encoding of confidential information, using a different partition of the hard disk or another hard disk for confidential information, and regularly backing up valuable data.
14.2 You acknowledge and agree that you should never rely on Hyperspace to store valuable data, but keep local backup on any and all valuable information you may submit, upload or store in Hyperspace.
14.3 Unauthorized third parties may send e-mails under the name of ExitReality, without ExitReality's knowledge or consent, and such e-mails may contain viruses, spyware or link to web content which, in turn, contains viruses, spyware, or other malicious code. ExitReality cannot prevent such behaviour. You will, therefore, check all incoming e-mail sent by or under the name of ExitReality, or other Hyperspace members, for viruses and malicious code prior to opening them.
15 Hyperspace content, actions in Hyperspace
15.1 A large portion of Hyperspace's content is generated by the Hyperspace members. Such content may include experiences, items (such as clothes, bots or vehicles), modifications of spaces (furniture, pictures, or other decoration), descriptions, reviews and ratings of other Hyperspace members or their content, the Hyperspace member's Avatars including their names, or media content made available by the Hyperspace members (such as 3d, music, videos, pictures and text). You acknowledge that ExitReality and other Hyperspace members have rights in their respective content under copyright and other legal provisions, and that such rights are not licensed to you by signing-up for or using Hyperspace. You are responsible and liable for your use of any content in violation of any such rights.
15.2 For all content you make available via Hyperspace and for all actions you perform in Hyperspace, you will respect the guidelines (see Sect. 3 above). You agree that when making content available through Hyperspace, you will not do this expecting any form of compensation from ExitReality.
15.3 You will be solely responsible to obtain all permits and licenses you may require from third parties to make content available or perform actions in Hyperspace, for example to use copyright protected content or to pursue activities which require government permission (such as certain financial services).
15.4 You must not abuse the possibility to upload content, including reviews and ratings. This means especially: Comments, especially descriptions, reviews and ratings of other Hyperspace members and their content and actions shall be fair and objective. They must not be taunting or misleading. You must not upload reviews or ratings for which you directly or indirectly receive any payment or other advantages. It is especially prohibited to sell, buy or trade reviews and ratings. You must not yourself or through third parties rate your own content or actions.
15.5 In case of doubt, you shall promptly remove any content or information, including descriptions, reviews and ratings, and discontinue any action, to which ExitReality has objected.
15.6 ExitReality may also remove such content on its own, and prevent such actions. ExitReality may especially delete any content and prevent actions, in whole or in part, which give reason to assume a breach of these Terms of Service, of the Rules or of applicable law, for example information which falls in one of the following categories:
Actions and content which are generally illegal (not exhaustive)
- Content or actions using any terms or marks, names, pictures, videos, music, games, computer programs, or other material protected for third parties.
- Content or actions infringing on any applicable laws and other legal rules with regard to youth protection, data protection, protection of personality rights, protection against insults, and public decrial.
- Content or actions which are false or misleading or promoting illegal activities.
- Usage of account names or e-mail-addresses of other Hyperspace members without their prior consent for sending unsolicited e-mails, promotional messages or other commercial purposes; sending junk e-mails, chain e-mails, and unsolicited bulk e-mails, instant messages, spimming and spamming, soliciting other Hyperspace members to disclose personal information for commercial or illegal purposes, or to disclose access data.
- Content or actions promoting or endorsing criminal activities or containing instructions for criminal activities, including but not limited to information on the production or purchase of arms, child pornography, fraud, drug trafficking, gambling, stalking, spying on trade secrets.
Actions and content which are generally not acceptable (not exhaustive)
- Content or actions of racist, offensive, vulgar, molesting, insulting, threatening, obscene, hateful, invasive of another person's privacy, defaming, libellous, political extremist, religious, violent, sexist, erotic, otherwise harmful to underage persons, or touting nature.
15.7 Content deleted according to Sect. 15.6 will not be restored by ExitReality.
15.8 ExitReality may also exclude you from further use of Hyperspace and, in case of repeated infringements of the aforementioned prohibitions despite warning notice, terminate your account with immediate effect. ExitReality reserves the right to exercise its further rights, especially to claim damages.
15.9 You will inform ExitReality in case you learn about an abuse of Hyperspace by other Hyperspace members or third persons, such as making accessible or sending content or performing actions violating Sect. 15.6. To ensure effective measures, ExitReality requests such information in written form (e.g. e-mail).
15.10 ExitReality does neither endorse nor approve of actions performed or content made available by the Hyperspace members.
15.11 ExitReality does not generally control the content or actions in Hyperspace, especially not before they go live (see Sect. 2.2 above). In case ExitReality learns that content is illegal, it will be deleted promptly.
15.12 ExitReality disclaims of any liability or warranty with respect to content made available or actions performed by Hyperspace members, especially their accuracy, completeness, and reliability.
15.13 Your account is only a license to use Hyperspace, regardless of intellectual property rights you may have in content you create or otherwise own and which may be stored on your account. I.e. while you hold all intellectual property in your content and can use it outside Hyperspace at your sole discretion, you do not own your account.
16 Copyright; trademarks
16.1 You remain the owner of all rights in the content you make available in Hyperspace.
16.2 By making publicly accessible content available in Hyperspace, you grant ExitReality free of charge a non-exclusive license to publicly display, reproduce and make publicly available such information in Hyperspace. You may revoke such license by deleting such content, as long as you did not give the respective content or any copy thereof to any other Hyperspace member.
16.3 By making content available in Hyperspace, you acknowledge and agree that this content can be accessed globally and may be cached in a content delivery network or browsers.
16.4 These Terms of Service do not grant you any right to use trademarks, or graphical material which originates from Hyperspace outside of Hyperspace. You agree to review and adhere to the Trademark Guidelines under section 23.
17 Claims based on defects
17.1 ExitReality grants you access to Hyperspace in their then current version only (Sect. 7). You cannot claim that a given state of Hyperspace or functional range are maintained or achieved. You acknowledge and agree that Hyperspace, as any other software, can never be completely free of bugs. Therefore, Hyperspace can only be considered to be defective if its usability is affected severely and sustainably.
17.2 You shall document any faults in Hyperspace, and report them in written form along with a log of the error messages displayed. Before reporting a potential bug, you will consult the instruction and other troubleshooting tools provided by ExitReality (especially frequently asked question lists, forums and boards for troubleshooting). You will use your best efforts to support ExitReality in any attempts to debug.
17.3 You will notify ExitReality of any faults without undue delay upon discovery in written form (e.g. e-mail). Apparent faults of goods including virtual goods have to be reported to ExitReality in written form within two weeks upon receipt. To comply with this deadline, it is sufficient that the report is sent in time. If no notice has been given within this deadline, all claims based on such defects shall forfeit.
17.4 ExitReality is not liable for defects caused by external influence, faulty handling, force majeure or changes or manipulations which are not carried out by ExitReality.
17.5 ExitReality does not assume any warranties.
18 Limitation of liability
In no event shall ExitReality or Hyperspace, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Hyperspace services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that ExitReality and Hyperspace shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
19 Disputes between Hyperspace members
19.1 Any disputes between Hyperspace members shall be settled in their own responsibility.
19.2 ExitReality reserves the right to intervene in any disputes between Hyperspace members, for example by deleting counterfeit items and refunding the purchaser from the sellers account. ExitReality shall, however, be under no obligation to do so.
20.1 Hyperspace may be partly financed through advertising. Advertising messages of Hyperspace members or booked by third parties through ExitReality may therefore appear in Hyperspace.
20.2 ExitReality will only send advertising to your e-mail address respectively to the mailbox your profile created in Hyperspace upon your prior consent. Cf. Sect. 21.3 for ExitReality's own advertising and newsletters.
20.3 Unless you tell ExitReality not to do so, your profile might be used to select advertising information which matches your interests.
21 Data protection
21.1 ExitReality will only collect, process or use any data referring to you as a person for the purpose of this contract (including billing) unless ExitReality is required by law to disclose such data or unless you have consented to any other use.
21.2 Collection, usage and processing of the data are carried out in electronic form.
21.3 ExitReality, however, reserves their right to inform you about other related products offered by ExitReality, also in electronic form, without your explicit consent, as far as legally permissible, as long as you do not contradict. You may contradict at any time, and no costs other than costs that will arise for the transmission (at base tariffs) of the contradiction.
21.4 For advertising and market research and for tailoring Hyperspace and potential new products according to the Hyperspace member's needs, ExitReality may generate aggregated, anonymized data.
21.5 Upon request, ExitReality will promptly inform you about all data logged with regard to you free of charge. This information will generally be provided in electronic form, usually via e-mail.
21.6 ExitReality may pass on payment data to service providers or third parties insofar as this is required for billing. ExitReality will disclose the names of these third parties. Otherwise, ExitReality will not pass on member data or the content of private messages in Hyperspace, to any third party unless required by law.
21.7 ExitReality considers data privacy and security as important. Although efforts are made to ensure data privacy and security ExitReality would like to point out that data protection and data security cannot be guaranteed for data transmission through open nets such as the internet. You acknowledge that the provider might have access to the data stored on the servers, and might therefore be able to have access to your data. Other users of the internet might also be technically able to get unauthorized access to network security and thus have access to the data.
22.1 ExitReality's failure to act with respect to a breach by you or other Hyperspace members does not waive ExitReality's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by ExitReality under these Terms of Service shall be deemed effective unless delivered in writing and signed by a duly appointed representative of ExitReality.
22.2 All or any of ExitReality's rights and obligations under this agreement may be assigned to a subsequent owner or operator of the service in a merger, acquisition or sale of all or substantially all of ExitReality's assets.
22.3 You may not assign or transfer the agreement with ExitReality regarding the use of Hyperspace or any or all of your rights hereunder without the prior written consent of ExitReality.
22.4 Notwithstanding anything else in this agreement, no default, delay or failure to perform on the part of ExitReality shall be considered a breach of these Terms of Service if such default, delay or failure to perform is beyond the control of ExitReality.
22.5 These Terms of Service are the entire agreement between you and ExitReality with respect to the use of Hyperspace.
22.6 Section headings used in these Terms of Service are for convenience only and shall not affect the interpretation of these Terms of Service.
22.7 If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
22.8 Any changes, amendments or the abrogation of the contract (partly or entirely) require written form (letter, telefax or e-mail); the requirement of written form can only be waived in written.
22.9 If you are a consumer, the sole place of jurisdiction is Delaware, USA in case you transfer your legal domicile or regular residence to a place outside the USA after conclusion of the contract. The same applies if your legal domicile or regular residence are unknown upon filing of a legal action. If you are a businessman, the sole place of jurisdiction is Delaware
22.10 The laws of the Delaware apply for all contracts concluded by ExitReality on the basis of these Terms of Service and any claims arising thereof, and for all claims related to your use of Hyperspace. Should a provision of these Terms of Service be or become invalid, the validity of the other provisions shall not be affected.
23 Hyperspace policies
The policies forming an integral part of these Terms of Services are:
23.1 Hyperspace Rules
The Hyperspace Rules were designed to ensure that Hyperspace can be a virtual place that is shared and enjoyed by all its members.
Our main directive is:
Be nice to the people you meet in Hyperspace. Because if you're nice to them, chances are they'll also be nice to you and you'll all have fun. This also applies to the spaces you modify. No one likes to find a mess or discover a place that they've been really looking forward to visiting ruined by graffiti, litter or vandalism.
We hope that this main directive will be enough to keep Hyperspace a safe, clean, and friendly place for everyone to visit. However, some things are unacceptable inside Hyperspace and will undoubtedly result in temporary suspension or permanent loss of your Hyperspace membership.
Engaging in any of the following activities is strictly prohibited. And our ExitReality Community Management and Customer Support teams have the final word.
Intolerance and hate speech
Intolerance and hate speech are generally prohibited under real-world law in all markets where Hyperspace is available. No member may make statements, advocate positions or display or distribute images or media inside Hyperspace that are intolerant or hateful towards any religion, race, ethnicity, gender, age, sexual orientation or national origin.
Harassment is expressly forbidden. Harassment includes any speech, advocacy of position, or display or distribution of images or media that are harassing in nature, including sexual harassment, sexual advances, and unwelcome sexual content.
Information about you belongs to you. Equally, information about other Hyperspace members belongs to those members, and each member can choose what personal data they wish to share or display. You do not have the right to share information about other Hyperspace members, which those members do not choose to share. Similarly, secret eavesdropping or monitoring of other Hyperspace members constitutes a violation of privacy. Sharing chat transcriptions or recordings without the permission of all participants is also a violation of privacy.
You expect to be able to experience Hyperspace without disruption by other members. This also applies to your behavior. Disrupting other peoples' experiences in Hyperspace is expressly prohibited, particularly during events or in public spaces.
The Hyperspace Community Management and Customer Support teams are available to help you on email@example.com Any problems or violations of the community rules can also be reported using the same email address. Other mechanisms for reporting problems are in the planning stages and will be added to Hyperspace over time.
Public and private spaces
Hyperspace members are able to visit public spaces and/or create and design their own private spaces. In public spaces, you should behave as you would in public spaces in the real world. The standards that apply in private spaces may vary depending on their owners’ wishes. You should always observe the standards of the place you are in.
Player to player interactions and commerce
Hyperspace may support interactions of an economic nature such as the buying and selling of virtual items, e.g. digital clothes for your avatar. These transactions may be conducted between members without the involvement of the Hyperspace Community Management and Customer Support teams. ExitReality is neither liable nor responsible for any such activities in Hyperspace.
Rules may change
Hyperspace is a permanently evolving community. As the community grows and new experiences and behaviors emerge, these rules may change. ExitReality will do its best to make the community aware of any changes, but please check back for updates from time to time.
This set of rules are guidelines for the community and for in-world behavior. Please see our Terms of Service for legal regulations regarding access to and use of Hyperspace.
23.2 Experiences and Spaces Requirements
Uploading media and virtual items
All members can upload within reason media to spaces and display websites. Members can upload within reason virtual items such as furniture to their spaces. Uploaded content must comply with the Hyperspace Terms of Service and the Hyperspace Rules.
23.3 Authentication Rules
ExitReality plans to offer the option to have your identity authenticated in order to foster trust from person to person in the Hyperspace Environment. Authentication may be required in the future in order to use, upload, buy and sell different services and products. However, ExitReality disclaims all liability for manipulations, and other damages Hyperspace Users may suffer by relying on such authentication. ExitReality will announce details of the authentication process prior its implementation.
23.4 Special Terms relating to Globals
ExitReality intends to introduce a feature to ease the sale of Hyperspace's in-world currency. ExitReality will announce a potential introduction of this feature in advance, and provide detailed rules with regard to it.
23.5 Notification and Counter-Notification Guidelines
Process of Clarification for Third Party Rights
Referring to the DMCA, Digital Millennium Copyright Act, ExitReality provides a notification process to the involved parties to clarify allegedly third party rights infringement, such as copyright violations, with the involved parties. Parties must send a Notification to ExitReality to report an allegedly infringing record. The counterparty can respond to this allegation with a Counter-Notification.
When a valid notification is received, ExitReality responds under this process by removing the offending content from Hyperspace. Prior to removing such content, ExitReality will take reasonable steps to contact the holder of such content so that a counter-notification may be filed. On receiving a valid counter-notification and unless ExitReality receives notice that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity, ExitReality generally restores the content in question.
This process of clarification applies to basic, as well as commercial membership and is incorporated in the respective Hyperspace-policies of the Hyperspace Terms of Service. Further details on the process of notification and counter-notification can be found in § 20 of the Terms of Service — Commercial Membership.
Any notifications and counter-notifications pursuant to this process are real-world legal notices and are not part of the virtual world Hyperspace. For that reason, ExitReality may provide copies of documents and notices you submit to the relevant parties (i.e. the participants in the dispute or third parties).
In order to make a notification pursuant Sect. 20 of Hyperspace's Terms of Service for Commercial Membership governing infringements of copyrights or other third party rights, you must
- Reveal your identity and contact information, including name, phone number, email address, and your Hyperspace member name.
- Identify in sufficient detail the protected work that you believe has been infringed upon (i.e. describe the rights that you own). Helpful information also includes information concerning the location of your item, as well as information that establishes your rights to the item, such as a date and timestamp of creation. An example would be: "The texture applied to the wall in My First Space, located at URL on 22.10.2008; at 16:15."
- Identify the content on Hyperspace that you claim is infringing your rights, with sufficient information to locate the item inside Hyperspace. For example, you could inform us which space contains the item and where in the space the item is located. An example would be: "The picture applied to the wall across the entrance of the New York Office".
- Screenshots are helpful in identifying original works or works that constitute an alleged infringement, however screenshots cannot be considered definitive.
- If possible, provide information that is sufficient to permit ExitReality to notify the user(s) who posted the content that allegedly contains infringing material.
- Include the following statement: 'I believe in good faith that the use of the protected materials described above and contained on the service is not authorized by its protected owner, its agent, or by protection of law.'
- Include the following statement: 'I affirm that the information in the notification is accurate and that I am the protected owner or am authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.'
- In cases where the infringing content is not an item, the aforementioned applies mutatis mutandis.
Please send your notification to firstname.lastname@example.org for the attention of Counsel Customer Services.
In order to make a counter-notification pursuant Sect. 20 of Hyperspaceís Terms of Service for Commercial Membership governing infringements of copyrights or other third party rights, the following information is required:
- Your identity and contact information, including name, phone number, email address, and your Hyperspace member name.
- List the content in Hyperspace that was removed by ExitReality, and the location where the material appeared before it was removed. Please identify the object in sufficient detail and, wherever possible, the unique ID.
- State the following: 'I affirm that I believe in good faith that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.'
- In case the infringing content is not an item, the aforementioned applies mutatis mutandis.
Please send your notification to email@example.com for the attention of Counsel Customer Services.
23.6 Trademark Guide
Thank you for your interest in displaying and advertising your use of Hyperspace and your Hyperspace products and services both inside and outside of Hyperspace. We wish to encourage this as much as we can, because it is your content and your creativity that play a decisive role in the Hyperspace vision, and contribute towards making the Hyperspace experience an exciting and varied one.
At the same time, we are obliged to protect the ExitReality trademarks. These Trademark Guidelines have been compiled to ensure that ExitReality trademarks are used in a lawful way. The idea is to help our members identify products and services that have been created by ExitReality and Hyperspace and protect the respective trademarks from misuse.
ExitReality and Hyperspace trademarks are the wordmarks and brand names ExitReality and Hyperspace, as well as Hyperspace Partner, Hyperspace Developer and their corresponding logos.
In general, ExitReality is the sole owner of all ExitReality trademarks, and all copyrights and rights of use reside solely with ExitReality.
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Phone: +1 347 535 0844
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