Terms and conditions

25th September 2024

TERMS AND CONDITIONS

Welcome to Paincation! By accessing or using our website and services, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully. If you do not agree to these terms, you must not use our services.

ACCEPTANCE OF TERMS

By accessing or using Paincation’s website or services, you confirm that you accept these Terms and Conditions and agree to comply with them. If you do not agree with any part of these terms, you must not use our services.

CHANGES TO THE TERMS

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on this page. It is your responsibility to review these Terms regularly. Your continued use of Paincation’s services following the posting of revised Terms means that you accept and agree to the changes.

ELIGIBILITY

To use Paincation, you must be at least 18 years of age or have the consent of a parent or guardian. By using our services, you represent and warrant that you meet these eligibility requirements.

USER ACCOUNTS

To access certain features of Paincation, you may be required to create an account. You agree to provide accurate and current information during the registration process and to update such information to keep it accurate and current. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

USE OF SERVICES

Paincation provides services designed to help manage pain through virtual reality (VR) and mobile games. You agree to use our services only for lawful purposes and in a way that does not infringe on the rights of others or restrict or inhibit anyone else’s use of our services.

Prohibited Uses:

You must not use our services in any way that breaches any applicable local, national, or international law or regulation.
You must not use our services for any unlawful or fraudulent purposes.
You must not knowingly introduce viruses, trojans, worms, or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.

CONTENT

User-Generated Content:

Paincation allows users to post, share, or upload content, including but not limited to text, photos, videos, and other materials (collectively, “User Content”). By submitting User Content, you grant Paincation a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, modify, publish, distribute, and display such User Content in any media formats and through any media channels.

You are solely responsible for your User Content and the consequences of posting or publishing it. By submitting User Content, you represent and warrant that:

You own or have the necessary licences, rights, consents, and permissions to use and authorise Paincation to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content.
Your User Content does not infringe upon the rights of any third party, including intellectual property rights, privacy rights, or any other legal or moral rights.

Paincation Content:

All content provided on Paincation’s website and services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, is the property of Paincation or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Paincation and is protected by international copyright laws. You may not use, modify, distribute, or republish any of our content without our express written permission.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the website and services, and in the material published on it, are owned by Paincation or its licensors. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

DISCLAIMER OF WARRANTIES

Paincation provides its services on an “as is” and “as available” basis. We do not warrant that the service will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the service.

To the fullest extent permitted by law, Paincation disclaims all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Paincation and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold harmless Paincation and its affiliates, officers, directors, employees, agents, and licensors from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the services, your violation of these Terms, your violation of any rights of another, or your User Content.

TERMINATION

We may terminate or suspend your access to Paincation immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the services will immediately cease.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in England and Wales.

SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Paincation’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

CONTACT INFORMATION

For any questions about these Terms and Conditions, please contact us at hello@paincation.com.

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