Terms of Service for app.farvel.space

Space by farvel is a real-time communications platform for Virtual Reality, Augmented Reality, Desktop, Laptop, Mobile, or however else you browse the internet.

These Terms of Service explain your rights and responsibilities when you use Space.

Contact:
+49 156 783 891 68
hi@farvel.space

Privacy Notice

The Privacy Notice for app.farvel.space explains what information we collect when you use Space and how that information is handled and shared.

Communications and Content

Space allows users to send information (such as audio, video, text, images, 3D models, and scenes) to other users.

By using Space, you agree to give farvel all rights necessary to operate Space. This includes, but is not limited to, a license and permission to process, transmit, and display the information you send through Space. It also includes permission to gather and share information as described in the Privacy Notice for Space.

When you submit information to Space, you continue to own the rights to your content.

When using Space:

  • Your personal data belongs to you and we respect your privacy. This data will not be used for marketing purposes .
  • You grant us a worldwide, royalty-free, perpetual, irrevocable license to use, perform, and display that information, audio, video, images, or 3D models for the purpose of operating Space. You also agree that we may remove metadata associated with the information or data you submit.

You also represent and warrant that you have the authority to grant farvel all rights and permissions necessary for the operation of Space.

To learn more about how Space operates, you can see the source code here.

Any ideas, suggestions, and feedback about Space that you provide to us are entirely voluntary, and you agree that farvel may use such ideas, suggestions, and feedback without compensation or obligation to you.

You are solely responsible for the information you send, create, or edit using Space, and the consequences of sending, creating, or editing that information.

Conditions of Use

By using Space, you agree that your use will comply with the following conditions of use. farvel reserves the right to remove any content, suspend any users, and shut down any room it reasonably believes has violated these conditions.

You may not use any of farvel’s services to:

  • Do anything illegal or otherwise violate applicable law,
  • Threaten, harass, or violate the privacy rights of others; send unsolicited communications; or intercept, monitor, or modify communications not intended for you,
  • Harm users such as by using viruses, spyware or malware, worms, trojan horses, time bombs or any other such malicious codes or instructions,
  • Deceive, mislead, defraud, phish, or commit or attempt to commit identity theft,
  • Engage in or promote illegal gambling,
  • Degrade, intimidate, incite violence against, or encourage prejudicial action against someone or a group based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category,
  • Exploit or harm children,
  • Sell, purchase, or advertise illegal or controlled products or services,
  • Upload, download, transmit, display, or grant access to content that includes graphic depictions of sexuality or violence,
  • Collect or harvest personally identifiable information without permission. This includes, but is not limited to, account names and email addresses,
  • Engage in any activity that interferes with or disrupts farvel’s services or products (or the servers and networks which are connected to farvel’s services),
  • Violate the copyright, trademark, patent, or other intellectual property rights of others,
  • Violate any person’s rights of privacy or publicity,

You may not use any farvel service in a way that violates the Terms of Service, Conditions of Use, or license that applies to the particular service.

These are only examples. You should not consider this a complete list, and we may update the list from time to time. farvel reserves the right to remove any content or suspend any users that it deems in violation of these conditions.

farvel’s Rights

farvel does not grant you any intellectual property rights in Space unless these Terms specifically say otherwise. For example, these Terms do not provide the right to use any of farvel’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

farvel distributes the Space software under an open source license. To learn more, you can read the license for Space.

Services Interruption; Term; Termination

We are continuing to develop Space. As a result, we plan to upgrade and change them over time. To do this, we might have to temporarily suspend their service and it is not always possible for us to give notice. You will not be entitled to claim expenses or damages for such suspension or limitation of the use of Space.

These Terms apply to your use of Space and will continue to apply until ended by either you or upon notice from farvel. You can choose to end them at any time for any reason by discontinuing your use of Space.

We may cut off your access to Space, either temporarily or permanently at any time for any reason. This includes, but is not limited to, situations where we reasonably believe: (i) you have violated these Terms (ii) you create risk or possible legal exposure for farvel; or (iii) providing and operating Space is no longer commercially viable. If possible, we will make reasonable efforts to notify you through Space.

In all such cases, these Terms shall terminate, including, without limitation, your license to use Space, except that the sections with the following titles shall continue to apply: Indemnification, Disclaimer; Limitation of Liability and Miscellaneous.

Indemnification

You agree to defend, indemnify and hold harmless farvel, and its respective parent and affiliate companies, contractors, contributors, licensors, partners, directors, officers, employees and agents („Indemnified Parties“) from and against any and all third party claims and expenses, including attorneys‘ fees, arising out of or related to your use of Space. This includes, but is not limited to, claims and expenses from any content you transmit, edit, or create using Space.

Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED „AS IS“ WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES, HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING.

YOU BEAR THE ENTIRE RISK AS TO SELECTING THE SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR CONTENT IS DELETED OR CORRUPTED. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

EXCEPT AS REQUIRED BY LAW, THE INDEMNIFIED PARTIES, WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF THE INDEMNIFIED PARTIES, UNDER THIS AGREEMENT WILL NOT EXCEED $500 (FIVE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Modifications to These Terms

farvel may update these Terms from time to time. We will post the updated Terms online. If the changes are substantive, we may announce the update through farvel’s usual channels for such announcements such as blog posts, forums, or in the particular service itself, in this case: Space

Your continued use of Space after we post the new Terms constitutes your acceptance of the new Terms. To make your review more convenient, we will post an effective date at the top of this page.

Miscellaneous

These Terms make up the entire agreement between you and farvel concerning Space. The laws of the state of Berlin, Germany (excluding its conflict of law provisions) govern this agreement.

If any portion of these Terms is held to be invalid or unenforceable, the remaining portions remain in full force and effect. If there is a conflict or ambiguity between a translated version of these terms and the English language version, the German language version applies.

Contact Us

For support, to provide feedback, or to report abuse of Space or violations of the Conditions of Use, you can email us at hi@farvel.space.

Acknowledgement & License

This document is based on Mozilla’s Terms of Service and Conditions of Use. The Terms of Service are licensed under the Mozilla Public License Version 2.0. The Conditions of Use are licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported.

Status: 12.05.2021

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