Effective as of October 21, 2021
OVER’s Privacy Policy describes how we collect, use, and disclose your personal data on the occasion of your access and use of our Services. We act according to the EU Regulation 679/16 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as integrated by the Italian Privacy Law, D. Lgs. 196/2003 and further amendments.
By using our Services, you confirm that you have agreed to our Terms and Conditions and have read and understood this Privacy Policy.
WHAT ARE PERSONAL DATA
Personal data consist of any information that directly identifies you — such as your name — and also data that does not directly identify you, but that can reasonably be used to identify you — such as the serial number of your device, e-mail address and/or telephone number — those are all personal data. Aggregated and/or anonymized data is considered non-personal data for the purposes of our Privacy Policy. This Privacy Policy covers how OVER or any OVER-affiliated company handles your personal data. OVER relies on partner companies as well, in order to provide specific services. We encourage you to read the privacy policies of our partners and know your privacy rights before interacting with them.
WHO IS GOING TO PROCESS YOUR DATA
OVER Holding S.r.l. (“OVER”, “Controller” or “Us”), (Tax Code and Vat no.: IT02945890305), located in Udine (Italy), viale Tricesimo n. 200, will be the controller of your personal data. While processing your data, we may be supported by external processors, specifically selected to fulfill the goals mentioned in subhead no. 3 of this Policy.
The updated list of our external processors and staff members allowed to process your personal data is located by OVER registered central office and can be checked by request at privacy@ovr.ai.
This Policy covers all the procedures used by the Controller concerning the information collected and shared on the website ovr.ai, and other websites or information channels, such as the OVER App. Our information channels are also globally referred to as “Services”.
CHANGES TO THIS PRIVACY POLICY
From time to time, we may update this Privacy Policy to accommodate new technologies, industry practices, and regulatory requirements, or simply perform improvements and/or revisions on the text. We will notify you via email whenever substantial changes are enforced, and we will ask for your consent when necessary. If you object to any of the changes made, you may terminate your account at any time. You acknowledge that your continued use of our Services after we publish or send a notice about changes made to this Privacy Policy implies accepting those changes.
TYPES OF INFORMATION WE COLLECT
By accessing ovr.ai and other OVER Services you allow us to automatically collect some of your personal data.
We strive to collect only the personal data that we need. The volume of personal data we collect depends on how you interact with us. When you create an Account, purchase a Product, download a Software or a Software update, connect to our Services, contact us, participate in an online survey, or otherwise interact with us, we may collect a variety of information, including:
Log files: The informatics systems and the software procedures of ovr.ai automatically acquire some of your personal data. These data are collected and stored in our log files section, which traces the behaviour of the user during each navigation session. The hosting providers give the chance to collect that information as part of the analysis service offered by the platform. The data itself cannot identify a particular individual and cannot reasonably be used to identify someone directly, however, if linked and coordinated with other data through further elaborations, they can lead to an indirect identification.
This data may include your internet protocol (IP) address, the name of your ISP (internet service provider), the serial number of your device, its network ID or other data from which your device could be identified, data about software running on your devices, such as browser type, the URI (Uniform Resource Identifier), data about your activity within our Services, such as app launches, including browsing history, search history, product or offer interaction, data regarding your geolocation or the place of origin of requests when you visit our sites or use our Services, including location information either provided by a mobile device interacting with one of our Services or associated with your IP address, crash data, performance and other diagnostic or usage data. We mainly use this data to receive anonymous statistical information about the activity of our website, to check its correct functioning, to trace the behaviour of the users and to gain demographic information about them. Data are aggregated daily for the purpose of statistical analysis, and after their elaboration, they are immediately deleted, if no irregularity is detected and their storage is no longer needed for further reasons. In case of violation, log files can be used to trace any illegal access to the platform.
Account information: Data you provide when you register and create an account, which may include personal data such as your first name and surname, country of residence, gender, date of birth, e-mail address, username, account status and age. By registering an Account with overthereality.ai you must provide a valid email address, a username and a password. We use your email to notify you with any important information or communication, update your profile and reset your password when required. Your password is encrypted in our database and cannot be read by our staff members. Your Account can be personalized by adding a profile picture or a photo. The username and the profile picture associated with your Account are public, anyone can see them, please keep this in mind when choosing your username or uploading a profile picture. You are kindly requested to comply with our Terms and Conditions on user content.
Data collected via third-party services: If you choose to link your social media accounts to the OVER Services, we will collect your user ID and an authentication token provided by your social media account. To buy OVR Tokens and to take part in the OVER Marketplace, you must verify your identity by providing a valid document (such as a copy of a valid passport or government-issued photo identification document, your date of birth, your postal and/or residential address, telephone number, if provided), data about your billing address and the chosen payment method (such as bank details, credit, debit, or other payment card information). OVER does not directly process such data, which are verified and processed by external providers. Please take a moment to read the policies of our partners here:
KYC verification: https://sumsub.com/privacy-notice/
Payments: https://indacoin.com/terms
KYC stands for “Know Your Customer” and is a standard procedure for avoiding fraud or criminal activity, thanks to an identity check performed on the user. Following the verification procedures performed by our partners, the outcomes only are directly linked to your Account on ovr.ai through direct software integration with our partners. OVER can access this information in detail only if deemed necessary to avoid and/or prevent fraud or violations of applicable laws and binding contracts, including our Terms and Conditions.
Data collected from mobile devices via the OVR App: The OOVERVR App processes data such as images from the camera, GPS localization and possibly biometric data used for facial recognition, as collected from your mobile phone and/or other devices you may use.
To give you the best experience, OVER uses cutting-edge mapping software, sophisticated facial recognition and biometric systems developed by third parties (e.g. ARKit by Apple and ARCore by Google). Personal data concerning face recognition are not collected and stored by OVER. We use Apple’s TrueDepth API only to trace the movement of the eyes and the facial expression of our users, in order to provide a more intense experience through a digital avatar which fully mimics the user’s movements. Facial mapping and portraits from your camera are only used to enhance the game experience and are shared with other users only if you choose to make them publicly visible. Those data are strictly limited to the personalization of your avatar so that the facial expressions of the gamer are updated and can be viewed in real-time by the other gamers. These data are collected and stored on your device only and cannot be copied from OVER, shared with third parties or used for purposes not directly linked to the game experience.
Geolocalization data acquired while you are using GPS are used to track your position in space while you are using the App, allowing you to interact with the digital layer of OVRLands around the globe. The geolocation of your device, along with timestamps generated when you take part in treasure hunts or other prize-awarding games, are stored and processed in order to prevent fraud or misuse of our Services.
Other user-submitted information: Data you willingly provide to us, details such as the content of your communications with our customer support, including interactions with customer support and contacts through social media channels. Sending emails to our staff you accept to share your email address, essential for us to contact you and answer your requests. The same happens for other personal data contained in your message. Once we answer your request your data are deleted and cannot be stored, unless we need them to fulfill the goals listed in subhead no. 3 of this Policy.
Cookies and similar technologies: OVER’s websites, online services, interactive applications, and advertisements may use “cookies” and other technologies such as web beacons. A cookie is a small string of data which often includes an anonymous unique identifier sent to your Internet browser from a website, which is stored on your computer’s hard drive and is used to customize your use of a product or online site, keep records of your access to an online site or product, or store information needed by you on a regular basis (e.g. password retention functionality).
OVER Websites may use technical or authentication cookies linked to the ordinary activity of the site and other operational cookies that allow a personalized and optimized experience. We do not use cookies for marketing purposes or user profiling.
We may use cookies from third parties exclusively for performing analytics on the global activity of the users visiting our websites. The data collected via third party cookies is rendered anonymous and won’t be used for marketing purposes. These technologies help us to better understand user behavior and are often used for security and fraud prevention purposes, to know which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches.
If you want to prevent OVER from using cookies, you may disable their use. Most browsers allow the user to block all cookies, performing a specific choice in their settings page or privacy settings page. Some features of the OVER Websites may be unavailable if all cookies are disabled.
HOW WE USE THE INFORMATION WE COLLECT
OVER processes personal data to power our services, to process your transactions, to communicate with you, for security and fraud prevention, and to comply with law. We may also process personal data for commercial purposes if given your express consent. We process your personal data only when we have a valid legal basis to do so.
We will process your Personal Data for the following purposes without the need of your explicit consent, as stated by art. 6 GDPR:
We may also process your personal data if we believe it is in our or others’ legitimate interest, your interests, rights, and expectations being considered as well. If you have questions about the legal basis supporting our data processing activities please contact us at privacy@ovr.ai. You are not required to provide us your personal data. However, if you choose not to do so, in many cases we will not be able to provide you with our Products or Services or respond to requests you may have submitted to us, certain features of the OVER Websites and Services being unavailable to you.
Consistent with local law and choices and controls that may be available to you, we may process your data for the following purposes only if given your explicit consent:
We provide you with the ability to exercise certain controls, rights and choices regarding our collection, use, process, store and sharing of your personal information. You may delete your data or ask us to erase or delete some information, or disallow their processing for specific purposes. You may choose whether to receive from us offers, promotions or other marketing communications, concerning our products and services, or products and services that we think that might interest you. You can always exercise your right to object to such use of your data and opt-out of commercial communications. If you choose to forbid the processing of your data for marketing purposes you will not receive promotions and commercials from us anymore, but you will still be able to use OVER Services. Please note that if you choose to forbid the processing of your data for profiling purposes, some of our Services may not be able to take account of your interests and preferences. If you choose instead to delete your data, our capability of providing you access to our Services may be impaired, resulting in some or all OVER Services being unavailable to you.
If you do not want to receive offers and promotions please follow the instructions provided in the communications we send you or inquire via email to the following address: privacy@ovr.ai.
We will consider your request in accordance with applicable laws. Please note that, for technical reasons, there is likely to be a delay in deleting your personal Information from our systems if you ask us to delete it. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have submitted to our sites or that we must store and process, and that there may be circumstances in which the law does not require or allow the erasure of your data, even if requested.
CONTENT SHARED BY OTHER USERS
On OVER you might see content shared and/or published by other users, which may include advertising and commercial promotions. OVER gives the opportunity to personalize and optimize your profile and avatar or, as an OVR Owner, your OVRLands. This can also enrich your game experience, providing you with the opportunity to add the content of your choice to your OVRLands. Please note that we cannot prevent other users from taking screenshots of your published content.
SPECIAL CIRCUMSTANCES TO NOTE:
Intellectual Property Claim Notices: If you notify us of an intellectual property claim, the information in your claim notice may be shared with other parties to the disagreement or third parties at our discretion and as required by law;
Beta Service Users: If you volunteer to serve as a beta participant for our pre-commercial content, we may track bug reports and individual system performance in an effort to test our technology thoroughly before it is deployed;
Former Customer: If you discontinue your use of our Services, we may keep your registration file in our database for use in the event that you elect to renew your use of our Services, as well as for anti-fraud and other such protective measures, for a maximum duration of ten years after the termination of your Account.
PROCESSING OF PERSONAL DATA AND DATA RETENTION
According to art. 5 GDPR, your data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’). OVR will treat your memorized, processed and shared data as determined at art. 4 n. 2 GDPR and art. 4 Privacy Code methods.
Your personal data may be processed both digitally and on paper. OVER takes appropriate measures to ensure a transparent, fair and safe treatment of personal data, this includes the implementation of appropriate internal policies regarding the protection of data processed by our staff. We have appropriate legal, organizational and technical security measures in place to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, improperly altered or disclosed. Our data processing procedures are specifically thought of in order to avoid data loss, data breach, unauthorized access, sharing, or illegal activities involving your data.
DATA RETENTION
We retain your personal information while each of your accounts is in existence or as needed to provide you with our Services. We also retain your Personal Information for as long as it is necessary to achieve the purposes described in this Privacy Policy, subhead no. 3, e.g. to comply with our legal obligations. Those purposes are also binding for any third parties processing your data on our behalf. OVER has the right to retain your data for 10 years after the termination of your Account.
We keep a record of data collected for commercial and promotional purposes only with your express consent, for no more than 5 years after the termination of your Account.
If required by law or if the information is subject to a legal request or governmental investigation, we retain certain financial transaction information and personal information for as long as we are required to comply with applicable laws, regulations or such legal process or investigation. We also retain personal information in order to protect our and others’ rights, resolve disputes and enforce our legal terms or policies, to the extent permitted under applicable law.
When we no longer need to use your personal data and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove them from our systems or anonymize them so that they can no longer be associated with you. When removing or anonymising personal data, we will take commercially reasonable and technically feasible measures to make your personal data irrecoverable.
You may delete some or all your data or ask us to erase or delete some information. We will consider your request in accordance with applicable laws. Please note that if you do not allow us to collect personal information from you, we may not be able to deliver certain products and services to you, and some of our Services may not be able to take account of your interests and preferences.
There may be situations where we cannot grant your request, for example, if you ask us to delete your transaction data and OVER is legally obligated to keep a record of that transaction in order to comply with applicable law. We may also decline a request where doing so would undermine our legitimate use of data for anti-fraud and security purposes, such as when you request deletion of an account that is being investigated for security concerns. Other reasons for your privacy requests being denied may occur if they jeopardize the privacy of others, or result in being frivolous or unreasonably burdensome.
ACCOUNT TERMINATION
You may terminate your account by visiting the marketplace page https://marketplace.ovr.ai/profile at the section “Delete your account” or by contacting us at privacy@ovr.ai. If you choose to terminate your OVER Account, we retain information for the purposes set out in this Privacy Policy and as noted below.
We retain your personal information even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, respond to government investigations, maintain security, prevent fraud and abuse, enforce our Terms and Conditions or other terms or policies, and protect our and others rights. We will retain anonymous information and aggregate Information after your account has been closed. As we do not control data you share directly with others, such data may remain visible or accessible.
CHILDREN’S PRIVACY
We recognize the need to provide further protection with respect to personal information that we may collect from children on our sites and applications. OVER understands the importance of safeguarding the personal data of children, which we consider to be individuals under the age of 13 or the equivalent age as specified by law in your jurisdiction.
Some of the features on our sites and applications are not intended to be used by children, and we do not knowingly collect personal information from children in connection with our Services. When we provide sites, products or services intended to be used by children and therefore collect personal information from children, we take additional steps to protect their privacy. This activity includes notifying the parents or guardians about our privacy practices with regard to children, specifying the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information, limiting our collection of personal information from children to no more than is reasonably necessary to take part in an online activity. In accordance with applicable law, it includes as well obtaining parental consent for the collection, disclosure or use of children’s personal information, or for sending information about our products and services directly to children, giving parents access or the ability to request access to the personal information we have collected from their children and the ability to request that their personal data be changed or deleted. At any time a parent may request that we cease to collect further personal information from their child or request to change or delete from our records any personal information that we have collected from their child, in accordance with applicable law, by sending an e-mail to privacy@ovr.ai.
OVER’S SHARING OF PERSONAL DATA WITH OTHERS
OVER may share personal data with service providers who act on our behalf, our partners, or employees subject to our direction. Further, we do not share personal data with third parties for their own marketing purposes. We may share anonymous data with third parties for industry and market analysis. We may share personal data with our third-party publishing partners for their direct marketing purposes only if we have your express permission. We do not share personal data with any other third parties for their direct marketing purposes. You may decide whether to share your personal information with other companies so they can send you offers and promotions about their products and services.
We limit access to your personal data to employees, agents, contractors and other third parties who need to know your personal data for specific business purposes. They will only process your personal data on our terms and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you of any breach of confidentiality where we are legally required to do so.
Except under certain limited circumstances as set forth here, OVER does not disclose to third parties without your permission the personal information or other account-related information that you provide to us. You understand, however, that we may disclose that information if:
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We only share information about you to government or law enforcement officials or private parties when we reasonably believe necessary or appropriate: (a) to respond to claims, legal process (including subpoenas and warrants); (b) to protect our property, rights, and safety and the property, rights, and safety of a third party or the public in general; and (c) to investigate and stop any activity that we consider illegal, unethical, or legally actionable.
We participate in ad and/or affiliate networks operated by various third-party companies. These companies collect and may use certain anonymous information about your visits to our Service as a function of referring Internet traffic to our Service. We do not allow these companies to collect any personal information about you, however, these companies may collect your IP address. These companies may set and use cookies, web beacons, pixels and other technologies to collect anonymous information about your visits to our Service, and may otherwise aggregate, analyze and anonymize that data.
DATA TRANSFERRED OUTSIDE OF THE EUROPEAN UNION
OVER relies on servers located only within the EU for data storage and processing. While we avoid transferring your data outside the EU unless we have a valid legal basis for doing so, according to articles 44 and 49 of GDPR, please note that some of our partners we cooperate with to provide you with our Services are located outside of the EU. If you do not wish to engage with our partners located outside of the EU, some of our Services may be unavailable to you. Sum and Substance Ltd., incorporated and registered in England with company number 09688671, whose registered office is at 30 St. Mary Axe, London, EC3A 8BF, is our partner for KYC identification services, whose policy you may read at https://sumsub.com/privacy-notice/
RIGHT TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION
We provide you with the ability to exercise controls, rights and choices regarding our collection, use, process, store and sharing of your information. Individuals located in the European Union benefit from the statutory rights resulting from the GDPR. In accordance with applicable law and subject to any exemptions provided by law, your controls, rights and choices may include:
COMMENTS AND QUESTIONS
If you have a comment or questions about this Privacy Policy or our privacy practices or would like to submit a complaint, please send an e-mail to privacy@ovr.ai. You can also ask us questions about how to submit a privacy complaint and we will endeavour to help. You are free to unsubscribe from the newsletter by simply clicking on the “unsubscribe” link at the bottom line of the communications we send you.
APPENDIX
In this section, we report the rights recognized to the users as provided by art. 15-22 EU Reg. n.679/16
Article 15 – Right of access by the data subject
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the personal data are not collected from the data subject, any available information as to their source;
(h) the existence of automated decision-making, including profiling, referred to in Articles 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Article 17- Right to erasure (‘right to be forgotten’)
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; 4.5.2016 EN Official Journal of the European Union L 119/43
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2);
(d) the personal data have been unlawfully processed;
(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) Reg. EU n.679/16.
Article 18- Right to restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
(c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
(d) the data subject has objected to processing pursuant to Article 21(1) pending the verification of whether the legitimate grounds of the controller override those of the data subject.
Article 20 – Right to data portability
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point.
(b) of Article 6(1); and (b) the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Article 21- Right to object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. 4.5.2016 EN Official Journal of the European Union L 119/45; At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
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.
RELATED POLICIES
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.
Privacy Policy
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.
DEFINITIONS
“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.
ACCOUNT
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.
Your privacy is important to us. Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of OVER Services you consent to the collection and use of your information in accordance with our Privacy Policy. We encourage you to review our Privacy Policy, which describes our use and disclosure of information collected through OVER Services and Websites.
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.
ELIGIBILITY
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:
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:
FEES AND BILLING POLICY
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.
CONDUCT BY USERS OF OVER
8.1. CODE OF CONDUCT
In addition to the rules of conduct set forth in these Terms, you agree that:
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:
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.
OVER’S RESPONSIBILITY
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
