Welcome to OVER. We provide public interactive augmented reality experiences customized in the real world.
OVER can be defined as a new standard in Augmented Reality (AR) experiences, placing itself as the first content browser where the content selection is not performed via the usual search engine, but rather through an interactive world, which itself submits the possible experiences based on where the user is geographically located.
AR can range from static 3D content to more interactive experiences, highly complex and hyper real scenes that make virtual content merge with the real world by engaging the user to a physical interaction with the surrounding environment.
Please read the following general Terms and Conditions and the Terms of Service for any specific Service you are using, including the agreements for the use of arbitration and the waiver of any class or group claim to resolve disputes (see below, head no. 9). By using the OVER website or any of the services provided by OVER, you are accepting these agreements.
OVER TERMS AND CONDITIONS
The following agreement describes the terms on which OVER Holding S.r.l. (see section 1 below for detailed information) benefits the users with free access to their brand new 3D virtual world environment, called OVER. Our offer is conditioned on your agreement to all the terms and conditions contained in this document.
Use of our services is always an act of free will by the user, and is by no means mandatory. By using our services, you are agreeing to these terms. Therefore, if you do not agree to our terms, you shall not use our services.
We may modify these terms at any time, in such cases we will promptly notify you by email. Anyhow, it is fundamental that you check any modified terms before you continue using our services. You are kindly asked to suspend your current use of our services if you previously agreed with these terms and conditions but do not accept any addition or modification made to them. If you continue using OVER or any of our services you will be bound by the modified terms.
It is our duty to inform you that if you breach the following Terms we may take action against you, including, but not limited to, terminating your account. In addition, you acknowledge that OVER has no obligation to, and therefore will not, reimburse or refund you for Services lost due to user-submitted requests resulting in an involuntary suspension or termination of your account.
- INTRODUCTION TO OUR SERVICES
This agreement governs your use of Services provided by OVER Holding S.r.l. and/or societies controlled by the Holding. OVER Holding S.r.l. (from now on simply called “OVER” or “Us”) is located in Udine (Italy), viale Tricesimo n. 200, vat no. and tax code IT02945890305, registered at the Chamber of Commerce of Udine and Pordenone, REA no. … . OVER’s Services, (“Services” e.g. the OVER app, OVER marketplace, OVER treasure hunts, …) are specifically designed for our customers, (from now on simply mentioned as “user” or “you”), and are available for your use in your Home Country and outside of it, where technically and/or rightfully possible. To use our Services you need suitable hardware (e.g. mobile phone, personal computer), software (including a compatible and updated operative system) and Internet access. We do not support rooted or jailbroken devices. Failure of user equipment to meet any mandatory requirements, as stated in specific Terms of Service, may negatively affect our Services’ performance.
The following related policies are incorporated by reference in and made part of this agreement. They provide additional terms, conditions and guidelines regarding specific OVER Services.
OVER App Terms of Service
OVER Marketplace Terms of Service
OVER Creators Policy
OVER may modify these terms at any time, in case of such occurrences it is fundamental that you check any modified terms before you continue using our Services. If you continue to use OVER Services you will be bound by the modified terms.
“Account” means the entirety of your contractual rights and obligations under this agreement associated with a particular Account Name (defined below) you have selected for accessing the Service. To every account is associated a serial number known as OVER ID.
“Account Name” means a name to identify yourself to OVER staff in connection with your Account for each Product.
“Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services, including User Content.
“User Content” means any Content a user of a Service provides to be made available to anyone through OVER Services.
“OVER Content” is the Content provided to you in connection with the Service, including, but not limited to Content we created or licensed from third parties subject to the license set forth herein.
“Home Country” means the country or territory where the user resides.
“Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.
“Internet Device” means a personal computer, mobile phone or other wireless or internet-enabled device.
“Payment Service Provider” means a third party payment service provider as contracted by OVER in its sole discretion.
“Product” means any interactive entertainment product or software provided to you by OVER, each of which shall be further governed by an applicable product-specific policy (each a “Product Policy” or specific “Terms of Service”).
“Servers” are the online environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the Service.
“Service” means all features, applications, content and downloads offered by OVER, including its Websites, Servers, Software, OVER Content, and User Content as those terms are defined herein.
“Software” is the software provided to you by OVER under license in connection with the Service, including but not limited to the software for accessing the Services and any other communication software, whether facilitating text-based, chat-based, voice, audio or other communication, within or outside of the Service, and any application program interfaces (the “APIs”) for use with the Service.
“Token” means a symbolic item which can represent an asset, and thus can be possessed, traded, acquired or donated by the user. Digital tokens may be linked to an Account while assigned to a specific user. Tokens may present different features that contribute to determining their value.
“NFT” stands for “non-fungible token”. Non-fungible is an economic term that you could use to describe things like your furniture, a song file, or your computer. These things are not interchangeable for other items because they have unique properties. NFTs are tokens that we can use to represent ownership of unique items. They let us tokenize various contents including art, collectibles and even virtual real estate. They can only have one official owner at a time and they’re secured by the Ethereum blockchain – no one can modify the record of ownership or copy/paste a new NFT into existence.
“FT” stands for fungible token. Fungible tokens and items, on the other hand, can be exchanged because they are defined by their quantity rather than their unique properties. For example, ETH crypto-coins or dollars are fungible items, because each 1 ETH is exchangeable for another 1 ETH and each 1 USD is exchangeable for another 1 USD.
“OVR Tokens” are virtual tokens that we license. Each OVR token is a virtual utility token based on Ethereum’s ERC-20 smart contract standard, representing a limited license permission to use specific features of OVER. Ordinary OVR Tokens are fungible. Some OVR Tokens such as OVRLands and OVRExperiences, on the other hand, possess specific features and are non-fungible. OVR Tokens are not a digital currency as defined by the Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions.
“OVRLands” and “OVROwners”: an OVRLand token is a non-fungible token based on the Ethereum ERC-721 standard, that allows decentralised possession of digital assets. The OVER ecosystem is underpinned by a grid of hexagons, virtually covering the whole earth’s surface. The hexagons are called OVRLands, have specific geographic positions and a standard dimension of 300 Square Meters. The total number of OVRLands is 1.660.954.464.112. OVRLands can be further divided in 7 hexagons allowing for even more precise localisations. OVRLands are not only a reference system used to position AR and VR content, they can be traded between users in the form of NFTs via a decentralised network. A user possessing an OVRLand is called an OVROwner.
“OVER Websites” are the websites and services available from the domain and subdomains of OVER and any related entity or successor domains from which OVER may offer the Service.
Using our Services and accessing any content provided by OVER may require an OVER ID, consisting of the serial number of the Account you use across OVER’s ecosystem. Your OVER ID is private and should not be shared with other users. Your OVER ID is different from your Account Name. Your Account Name, on the other hand, is publicly visible by other users and may be seen and referred to by them.
4.1. ACCOUNT REGISTRATION
If you want to fully use the OVER Services, you will have to create an Account with us, using true and accurate registration information. By using the OVER website or any of the OVER Services you agree to provide accurate, current and complete information about yourself as prompted by the registration form, and to use the account management tools provided to keep your registration data accurate, updated and complete.
4.2. ACCOUNT SECURITY
Your account is valuable, and you are responsible for maintaining its security and confidentiality. OVER is not responsible for any losses arising from the unauthorized use of your account. You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. Please contact us if you suspect that your account is being accessed by unauthorized parties. You should cooperate with OVER in maintaining your account secure, as you are personally responsible for all activities that occur under your Account, whether you know or not about them.
4.3. ACCOUNT SUSPENSION OR TERMINATION
You may terminate your Account at any time. Terminating an Account implies revocation of the user license as granted by this agreement (see subhead 6.1 below). Please note that after requesting the termination of your account we will wait seven days before actually terminating it, in order to perform due checks and to grant you the possibility of retracting your request in case of a mistake.
We may suspend or terminate your access to and use of OVER Services at our sole discretion. This could happen at any time and without notice to you, and can be justified on (a) your failure to comply with these Terms; (b) your use of Content or Services being suspect of fraud, cheating, or misuse; (c) your OVER Account being suspect of association with other unlawful activity.
Failure to comply with these terms, loss of eligibility requirements (see below, head no. 5) and breach of the user Code of Conduct (see below, head no. 8) are all grounds for account suspension or termination. Prior tolerance of actions or behaviors ground for Account suspension or termination does not imply condonement of such actions or behaviors.
OVER may suspend or terminate your Account(s) to protect the best interests of the Service and the users community or if we believe you pose an unacceptable threat to the community. We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of OVER, the Service community or any third party. We may also suspend or terminate your Accounts upon a general suspension or discontinuation of the Service.
Any general suspension or discontinuation of the Services, in whole or in part, for any reason, remains OVER’s sole discretion. In such an event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that OVER will have no liability to you in connection with such suspension or termination.
Upon Account termination you will lose access to your Account and all licenses, Content, and data stored therein. You understand and accept this risk as a part of the Services you are using. Upon termination of your Account, any Content or data you have stored on the Servers with the terminated Account will no longer be available for browsing through OVER Services or for transfer outside the Services or to any other Account. All licenses granted by OVER to use the Services will automatically terminate. You acknowledge that you have elected to procure any paid features of the Services notwithstanding the possibility of termination of such license rights under the circumstances set forth in this agreement.
You should ensure that you have stored on the Servers only Content to which you are willing to permanently lose access. It is your sole responsibility to preserve a copy of any User Content or data you submit to us or store on the Servers. You acknowledge and assume the risk of the possibility of termination of your Account as provided in these Terms and Conditions, and you represent that you will make your decisions to participate in the Service, contribute Content, spend your money and dispose of transferable licenses at all times knowingly based upon these risks.
Upon termination of any Services or your Account, this agreement will survive, and you will remain liable for any unpaid amounts owed by you to OVER. The provisions of this agreement and any related policies (see above, head no. 2) which by their nature should survive the suspension or termination of your Account will survive, including the rights and licenses you grant to OVER according to subhead no. 6.3 of these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations of liability and the provisions regarding jurisdiction, choice of law, waiver of class action and mandatory arbitration.
5.1. AGE REQUIREMENTS
You must be age 13 or higher to create an account and/or use our Services. If your age is between 13 and 18, or otherwise you are not of legal age in your Home Country, you must use our Services only with supervision by a parent or legal guardian. Any supervisor, parent or guardian who is creating an account for a child under the age of majority should review this Agreement with the child to ensure that they both understand it.
You must be age 18 (or minimum legal age in your Home Country, as set forth in the registration process, if greater) or higher to be considered eligible to access some OVER Services (e.g. accessing OVER Marketplace, buying Tokens, participating in OVRLands auctions and providing KYC identification data as part of the account registration procedures referred to in subhead no. 4.1). If you are not of legal age your parents or legal guardians must read and accept this Agreement together with you. Until you become of legal age your parents or legal guardians must monitor your use of the Services, consent with your use of the Services and review any personal information that you may be willing to provide us or to disclose publicly through the OVER Services.
We will not establish conditions that will require or encourage children to disclose personal data over and above what is reasonably necessary to use any OVER Service. We will not ask children for information that can be used to directly identify them, unless necessary for safety purposes.
5.2. CORPORATE USERS
If you are using OVER Services on behalf of a company, organization or other legal entity, you shall provide all legal information necessary to identify you as a representative of that entity.
5.3. CONDUCT REQUIREMENTS
You are accepting the user Code of Conduct as part of this agreement (see below, head no. 8). Compliance with the user Code of Conduct is required in order for the users to maintain their eligibility for use of OVER Services.
OVER may suspend or terminate your Account if you violate this agreement. Precautionarily, we may also choose to blacklist your Account, resulting in limitations on your transactions or the availability of your User Content to other users, along with any or all other Accounts held by you or otherwise related to you, as determined by OVER in its discretion. Your violation of this agreement shall be deemed to apply to all such Accounts.
Upon blacklisting or termination of your Accounts, you may lose eligibility for subscribing, re-subscribing or returning to the Services through other or future Accounts you or others may set up.
We may also blacklist or terminate your Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing the Service may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct that violates this agreement, that you have offended, harassed, lured or groomed children below legal age, or that you for any other reason may pose what we deem to be an unacceptable risk to the Service community.
- CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS
6.1. LICENSE TO USE
Provided that you comply with these Terms, OVER grants you a personal, noncommercial, nonexclusive, non transferable, non-sublicensable, revocable license to download, view, display and use the Content solely for your permitted use within the Services.
You are allowed to download a copy of the OVER App on the device you possess and to run such app solely for your own personal non-commercial purposes.
Except where expressly permitted in these Terms or under applicable law, you may not sell, transfer or assign your Account or its contractual rights, licenses and obligations, to any third party (including permitting other individuals to access your Account) without the prior written consent of OVER. OVER reserves itself the right, at its sole discretion, to manage and control the number of Accounts that you may establish and maintain.
You may not: (a) copy, modify, or create derivative works based on the Services; (b) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (c) reverse engineer, decompile, or disassemble the Services; or (d) make the functionality of the Services available to multiple users through any means. OVR reserves all rights not expressly granted to you under these Terms.
OVER owns all Intellectual property rights on the Software and its trademarks. You understand and agree that without a license agreement with OVER, we do not authorize you to make use of the OVER Marks. Use of the OVER Marks, in whole or only in part, including …, is subject to prior written consent by OOVERVR. Subject to the foregoing, OVER and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected and copyrighted material, and OVER is a registered trademark. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
You agree to respect the Intellectual Property Rights of other users and other third parties. You agree that you will not copy, transfer or distribute outside of OVER any Content that contains any OVER Content, in whole or in part modified or unmodified form, or that infringes or violates any Intellectual Property Rights of OVER or any third parties.
6.2. USER CONTENT OWNERSHIP
OVER is thrilled to support your creativity. Therefore, subject to compliance with these Terms and Conditions, OVER grants you certain copyright licenses as provided in OVER Creators Policy. You also grant OVER and other users of OVER a license to use and interact with your User Content.
In OVER, we hope creators will use their imagination to make original content. If you want to make your OVRLand unique you may design your own virtual ambience to the slightest detail, including custom furniture designs. You may also offer to other users the digital assets you design, and vice-versa, if you like the work of another user you can make use of their shared assets. The possibilities for customizing your OVER Experiences are endless, letting you choose your favourite digital art to display.
OVER encourages the creation of original content. You should not use copyrighted, trademarked or celebrity material in OVER. User Content publishing must not result in copyright infringement. We disclaim any responsibility for possible violations of copyright or intellectual property carried out through sharing of User Content via any of our Services. Please note that the user is the sole responsible for the Content they share on OVER Services.
You should not use copyrighted, trademarked, or celebrity material in OVER, unless of course you are the intellectual property owner or have permission from the intellectual property owner. You should always ask of permission if you intend to use in your work another’s trademarked logo or brand name, a distinctive product appearance (known as “trade dress”), characters or material from a movie, book, or other copyrighted work, or a celebrity image or name (protected as a “right of publicity”). Your use of OVER is subject to applicable copyright, trademark, and right-of-publicity laws. Laws apply to intellectual property infringement, and nothing about your use of OVER will shield you if you are infringing on someone else’s intellectual property — the rightful owner of the intellectual property can take direct legal action against you.
You are the sole responsible for all your User Content. Your User Content is not confidential and can be seen and be the object of interaction by other users. Please keep this in mind when you decide to share your creations. Please contribute to our efforts for keeping the OVER community a safe and welcoming place. You shall not violate the User Code of Conduct set forth in subhead no. 8.1 by sharing inappropriate User Content.
OVER does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content outside OVER Services.
6.3. USER CONTENT REWARDING
Through OVER you may share your User Content with other users. You may offer your signature User Content on the OVER Marketplace to be appreciated by other users, or you may try to respond to their wishes. On the other hand, you may offer a reward for User Content offered on the OVER Marketplace in order to secure your right to use it on your OVRLands, but you may also ask the community to create customized User Content, offering OVR Tokens to the users who deliver content matching your requirements (from now on referred to as “Creators”).
As an example, you may offer a reward to users taking pictures of your OVRLand, or you may even offer a reward to users interacting with specific OVER Experiences located in your OVRLand. You may also request the crafting of digital assets such as graphics or sound effects.
User Content requests are issued in the form of contests (from now on referred to as “UCR Contests”). While some specific UCR Contests may benefit from enhanced visibility through the OVER Marketplace, UCR Contests linked to a specific OVRLand may be interactively displayed on the map, so that they are visible to any user in proximity to the OVRLand.
As the issuer of a UCR Contest, you can choose the amount of OVR Tokens to distribute to the Creators and the available timeframe for delivering User Content. The global amount of Tokens assigned to a specific UCR Contest (from now on referred to as “Prize”) may be assigned to the Creators following specific rules. At present time, we are developing three modes:
- Contest mode: you choose the User Content which better suits your expectations within those delivered, and you exchange the full Prize with a license granted by the Creator to use the chosen User Content within the OVER Services. Creators whose work has not been chosen should not despond, because they can still offer their amazing art to be appreciated on the OVER Marketplace. This mode is designed to provide you the most control on the quality of delivered User Content;
- Split mode: the Prize is split between all users providing User Content matching the request within the granted timeframe. Automated controls are performed to check the conformity of the submitted content to the request issued. Whenever submitted User Content fails to pass our automated controls, the Creator will be prompted to fix nonconformities, granted that the contest timeframe has not expired yet. The more Creators participate during the contest timeframe, the less they individually get for delivering User Content. You exchange the Prize with licenses from all participating Creators to use all the User Content delivered. This mode is designed to enable friendly and fast-paced competitions, with a reward for every participant;
- One-shot mode: the Prize is assigned to the first user delivering User Content matching the request during the contest timeframe. Upon successful delivery of matching content, the contest timeframe will end prematurely. Automated controls are performed to check the conformity of the submitted content to the request issued. You exchange the full Prize with a license granted by the Creator to use the delivered User Content within the OVER Services. This mode is designed to enable thrilling and fast-paced competitions with a special reward for the “early bird”.
In order to prevent unfair behaviour, any User Content provided by a single Creator within a single UCR Contest will be grouped up for the sake of Prize assignment. Please take note of this when delivering User Content. UCR Contests are by no means a lottery. Please do not deliver unsubstantial or irrelevant User Content, such action counts as spam and is a breach of the User Code of Conduct as stated forth in subhead no. 8.1.
Please note that UCR Contests issuing, Prizes assignment and distribution is entirely left to users’ initiative. OVER does not take active part in such initiatives. Our role is limited to the provision of a virtual exchange platform. Please note that it is not possible to predict whether you will or will not receive a prize for partaking in UCR Contests.
6.4. RIGHTS GUARANTEED BY YOU
By making any User Content available through the Services you grant to OVER a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others.
By accepting these terms, you allow OVER to benefit freely from the above rights, including but not limited to:
- The right to reproduce User Content by any means and in any form;
- The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, pay per view, pay per play, theatrical or television broadcasting, DVD and print;
- The right to use the User Content for demonstration, promotion and advertising for all OVER Services;
- The right to produce or order the production of any new product or service incorporating or exploiting the User Content, either reproduced as it stands or modified by OVER or by any third party of its choice.
7.1. OVER TOKENS AND LANDS
The economy of OVER Services is based on the exchange of OVR Tokens. OVER may or may not charge fees to acquire or use OVR Tokens and these fees may change at any time, based on demand and offer on the market.
Each Account may have OVR Tokens linked to it. User acquired tokens, including those you may have purchased through our Websites and those awarded as a prize for participating in games and activities within our Services, are linked to the user’s Account ID as OVR-managed tokens. Tokens which are OVR-managed are possessed by OVER and licensed to the user for operating transactions within the OVER Marketplace. You may request anytime that your OVR-managed tokens be minted and/or sent to your personal cryptocurrency wallet. Please take note that the process of minting a token, or any transaction to a personal cryptocurrency wallet, is subject to a fee, which may be affected by market fluctuations. You hereby acknowledge that any amount of OVR-managed tokens linked to your Account cannot be transferred to your personal cryptocurrency wallet without commission, in the forms of transaction or minting fees. You also acknowledge that, should you decide to transfer your OVR-managed tokens to your personal cryptocurrency wallet, transferral fees cannot be determined in advance.
OVR Tokens are also transferable by their owners to other users via the OVER Marketplace, provided that both users comply with these Terms. Except as expressly permitted by this agreement, OVR-managed Tokens may not be encumbered, sublicensed, conveyed or made subject to any right of survivorship or other disposition by operation of law or otherwise, and you agree that any attempted disposition in violation of these Terms is null and void.
Each OVR Token that you may acquire constitutes a limited license granted to you by OVER to access and use OVER Contents, applications, services and various user-created features in OVER. All of this is digitally represented in OVER as a virtual token that can be traded and transferred to other users within OVER Services, in exchange for permission to access and use specific Content, applications, Services and various user-created features, in each case in accordance with this agreement and any specific Terms of Service.
Each OVRLand is a virtual space that we license. OVRLands are parcels stored inside a blockchain-based ledger that make up the digital layer of subdivision of our planet into hexagons. Each OVRLand is a virtually-enhanced representation of a limited space in the real world, corresponding to a specific geographical location. OVRLands are freely tradable among users in a decentralised fashion, through the use of the OVER Marketplace. OVRLand owners can decide what kind of Content the user will experience once entered into the OVRLand: such Content is also known as OVER Experience. Therefore, the community has complete control over OVRLands and OVER Experiences. OVER may or may not charge fees for the right to acquire, transfer or access OVRLands and these fees may change at any time.
OVRLands are transferable just as OVR Tokens. They can be transferred by their owners to any other user, provided both users comply with these Terms. As long as they are OVR-managed, and except as expressly permitted by this agreement, OVRLands may not be encumbered, sublicensed, conveyed or made subject to any right of survivorship or other disposition in violation of the Agreements is null or void. You acknowledge that OVRLand is a limited license right and it is not a real property right or actual real estate and it is not redeemable for any sum of money from OVER. Thus, you acknowledge that the terms “Buy”, “Sell” and similar related expressions carry the same meaning of referring to the transfer of the OVRLand license as they do with respect to the OVR Tokens license.
OVER may revoke any OVR-managed tokens licensed to your account, including OVR Tokens or OVRLands, without refund and compensation in the event that: (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Content or Services; or (c) we suspect any other unlawful activity associated with your Account. This will also lead to your loss of eligibility (see above, head no. 5).
You agree that OVER has the right to manage, regulate, modify, control the license rights and may revalue or make such license rights more or less common, valuable, effective or functional, and that OVER will not have liability to you based on its exercise of this right. OVER makes no guarantee as to the nature, quality or value of the features of OVER that will be accessible through the use of OVR Tokens or OVRLands, or the availability or supply of OVR Tokens or OVRLands.
You may permit or deny other users access to your OVER Experiences on terms determined by you. Any agreement you make with other users related to access to and use of your OVER Experiences must be consistent with these Terms and Conditions. No such agreement can abrogate, void, nullify or modify these Terms and Conditions.
7.2. BILLING POLICY
You may acquire OVER Tokens by credit card payment through the service offered by our partner indacoin.io. Payments are entirely managed by Indacoin, who also takes care of billing. Please make reference to their Terms and Conditions for further inquiries about billing procedures.
8.1. CODE OF CONDUCT
In addition to the rules of conduct set forth in these Terms, you agree that:
- You will not generate spam on our Services and will not use robots or other automated means to increase traffic to any OVRLand or other virtual node;
- You will not load viruses or other malicious code on our Services or through them, and will not attempt to hinder the correct functioning of OVER Services;
- You will not operate or profit from a virtual “bank” in OVER Services;
- OVER Supports diversity and inclusivity. You shall not discriminate against other people based on their body features, on their disabilities or on their ethnicity, nationality, religion, political views, sexual preferences or gender identity.
- We wish to create an environment in which everyone can feel safe and free to express themselves, without harming others. You will not use OVER Services to incite hatred, to spread hate speech or to intimidate other people. You will not bully or otherwise threaten other users.
- OVER stands for peace and diplomacy. We do not support violence nor terrorism. You will not use OVER Services to plan, threaten, exalt or otherwise give visibility to violent acts. We cooperate with public authorities for law enforcement, and will provide any possible aid in preventing violent actions, including tracking and identifying people who made themselves responsible for such actions, or are actively planning them.
- You will not post, display or transmit any content that is inappropriate, explicitly sexual, violent or designated as reserved to adults;
- You will not post, display or transmit any material, object or text that encourages, represents or facilitates sexual harassment. This or similar activity is grounds for immediate termination of your Account and perpetual loss of eligibility for use of OVER Services (see above, head no. 5).
8.2. SAFE AND APPROPRIATE USE OF OVR SERVICES
While you are using OVER Services please be aware of your surroundings. Navigate, play and communicate safely. You agree that your use of the Services is at your own risk. Please note that some OVRLands may correspond to geographical locations subject to private property rights or restricted access. You are kindly requested to pay attention and respect to any enclosure, sign or request addressing limitations on your right to enter any specific area. Eventually OVRLands or OVER Experiences, such as treasures or other collectible features, may be impossible to reach without trespassing into areas closed to public transit. You hereby acknowledge that the location of any OVRLand, OVER Experience or other feature or Service in areas closed to public transit, does not imply provision of any permission, incentive or encouragement by OVER for trespassing thereinto or violating property rights or other access limitations set forth in the real world.
You agree that you will not use the Services to violate any applicable law, regulation, policies or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. Further, you agree that in conjunction with your use of the Services you will not make available any unlawful or inappropriate Content. You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.
The following is a list of inaccurate, misleading, or inappropriate activity and content:
implying illegality and criminal activity such as piracy, terrorism or child pornography;
breaching the copyright, trademark, patent, trade secret or any other industrial properties of third parties in the form of any kind of files unless there has been prior consent to it by the involved third parties;
references to third parties, whether living or deceased (name, nickname, silhouettes, voice,…) unless the prior content of the involved third party;
flaunting works of any third party, e.g. music, words, images or similar;
references to surveys, contests, pyramid schemes, chain letters, junk mail and any other form of spam (commercial or otherwise);
profane, religious, unlawful or unseemly content, in particular references to:
rape or other non-consensual sexual behaviour;
violence in general;
cruel or hateful images which could hurt, harass, promote or tolerate violence against – or that is primarily designed to incite hatred against – animals, individuals or groups on the basis of race, ethnic origin, religion, nationality, disability, gender, age, veteran status or sexual orientation/gender identity;
defamatory, false, inaccurate, misleading or infringing content about another person’s privacy;
content that favors or could be interpreted as primarily designed to avoid the limitations described above.
While you are using the OVER app and related services (i.e. website, Marketplace, social channels etc) you will come into contact with other people. You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other users and other people in the real and virtual world. You will not harass, threaten or otherwise violate the legal rights of others.
If you have a dispute with any third party relating to your use of Services, you release OVER (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
9.1. DISCLAIMER OF WARRANTIES
To the extent permitted under applicable law, the services and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or noninfringement, and any warranties arising out of the course of dealing or usage of trade. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You assume all risks relating to your online or offline communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. you understand that OVER does not screen or inquire into the background of any users of the Services. OVER makes no representations or warranties as to the conduct of users of the Services. you agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person.
9.2. LIMITATION OF LIABILITY
To the extent permitted under applicable law, neither OVER nor any other party involved in creating, producing, or delivering the Services or Content will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services, arising out of or in connection with these terms, or from the use of or inability to use the services or content, or from any communications, interactions, or meetings with other users of the services or persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not ovr has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the extent permitted under applicable law, in no event will OVER’s total liability arising out of or in connection with these terms, an event, or from the use of or inability to use the services or content exceed one thousand dollars ($ 1.000,00). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between OVER and you.
9.3. DISPUTE RESOLUTION
You agree that disputes between you and OVER will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
As a user of OVER Services, you are considered a consumer as per the Directive 2011/83/EU of the European Parliament and of the Council where applicable. You agree to start an individual case on the European platform for Online Dispute Resolution before furthering any possible claim related to your consumer rights. The platform is available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase