Welcome to Stirfire Studios (Stirfire Pty Ltd trading as Stirfire Studios).
This is a Licence Agreement between you and Stirfire Studios which sets out your rights to use Stirfire Studios’ product. By using Stirfire Studios’ product you agree to these terms. If you do not agree, do not install or use Stirfire Studios’ product.
For ease of reference we have provided these terms into various sections which is set out below.
The product provided by Stirfire Studios are licensed to you. Under our licence we grant you the right to install and run one copy of the product on your hardware platform. The licence granted by Stirfire Studios to you is a personal, limited, non-transferrable, revokable, non-exclusive licence to use the services provided by Stirfire Studios. It is for non-commercial use, and is subject to your compliance with these Terms and Conditions.
You may not lease, sublease, rent, sublicense, publish, modify, copy or upload (or whole or in part, or make available to a bittorrent site), distribute, or re-use the product. You may not transfer the licence to another user. In the event that you breach any of the foregoing Terms, this licence may be revoked.
2. Availability of Stirfire Studios’ Services and Updates
Availability of Update Services.
Stirfire Studios may, in their sole discretion, as desired release update services for the product.
Stirfire Studios make no guarantee as to the continuity or otherwise of update services.
Interruptions to the update service may be necessary for the purposes of performing routine or urgent maintenance. Stirfire Studios reserve the right to interrupt the update services provided by Stirfire Studios or any part thereof from time to time, or on a regularly scheduled basis with or without the prior consent from you or prior notice being given to you. You specifically acknowledge that interruption to any update service is sometimes necessary in order to improve the service provided by Stirfire Studios.
You agree that Stirfire Studios will not be liable for any interruptions of the update service or any part thereof, delay or failure to perform, resulting from any causes whatsoever.
In the event of a prolonged, regular, or otherwise interruption to update services, or an alteration to any of the update services or products provided by Stirfire Studios, you will not be entitled to a refund of any of the fees paid by you for the purposes of acquiring this license.
Stirfire Studios do not guarantee that the Stirfire Studios’ games may be accessed on any device or hardware platform or whether the game will appear in all geographic locations.
If you are purchasing your licence through a third party provider, update services may be provided through this third party provider. Stirfire Studio accepts no liability for an error in completing any acquisition or updates to the licenced product through a third party provider.
Any data consumed in downloading the product or any updates is a cost to be borne by you through your service provide and is not incorporated in the fee you pay for the acquisition of a licence for the use of Stirfire Studios’ product.
From time to time, at Stirfire Studios’ sole discretion, Stirfire Studios may update, change, or modify any of the products, or parts thereof without notice to you. These updates and modifications will, in all cases, be required to continue the use of Stirfire Studios’ products in the best possible fashion. Our aim is to improve user experience.
Stirfire Studios’ product is licensed on an ‘as is’ and ‘as available’ basis. You bear the risk of using it. Stirfire Studios gives you no warranties, guarantees or conditions, express or implied. You may have additional consumer rights under your local laws which this agreement cannot change. To that end and to the extent permitted by your local laws, Stirfire Studios excludes the implied warranties regarding merchantability, fitness for a particular purpose and/or suitability for your intended use.
Stirfire Studios make no warranty that the service will meet your requirements, the service and product will be uninterrupted, timely, secure, free of viruses, bugs or other harmful components of defects, transmit data in a secure manner, function properly, be free and impenetrable from malicious acts of third parties (such as ‘hackers’) or that any errors will be remedied. The risk of damage to your property using Stirfire Studios’ products rests entirely with you. You will be solely responsible for any damage to your hardware platform.
Stirfire Studios produces virtual reality experiences. Refer to the user manuals for use and safety requirements for any virtual reality devices. The risk of personal injury rests entirely with you. Your participation and use of the product is entirely at your own risk. Virtual reality products are not suitable to everyone. If you are elderly, pregnant or have any serious medical condition (such as but not limited to vision abnormalities, impaired balance, psychiatric disorders, heart conditions or epilepsy) which may make your use of the product unsafe, if is your obligation to consult a doctor prior to using Stirfire Studios’ products. Some individuals may be sensitive to flashing or flickering lights and may experience epileptic seizures when playing video games or using Stirfire Studio Products. Consult your doctor immediately if the above symptoms occur.
It is recommended that you rest from using the product if you experience any loss of awareness, discomfort, eye strain, visual abnormalities, headache, impaired balance, disorientation or motion sickness.
It is your obligation to ensure your surroundings are safe, free from hazards and will not cause you injury.
The Stirfire Studios product should not be used whilst in any moving vehicle.
To the fullest extent possible the disclaimers of liability in these terms apply to all damages or injury caused by the Stirfire Studios products or related to the use of, or inability to use, Stirfire Studios’ products under any cause of action in any jurisdiction including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
You acknowledge that Stirfire Studios is not liable for any indirect, incidental, special, exemplary or consequential damages including loss of profit, goodwill or data, damage to any hardware, or any other operating devices, or physical damage, injury or death to you in any way whatsoever arising out of the use of, or inability to use, Stirfire Studios’ products.
You agree to indemnify and hold harmless Stirfire Studios against any and any claims, suits, actions, of any kind whatsoever for liability, damages, compensation, or otherwise brought by you or anyone on your behalf including legal fees on a full indemnity basis.
4. Limitation of Liability
If Stirfire Studios’ liability under these terms cannot be legally excluded then its liability is limited to the reimbursement by Stirfire Studios to you of any amount paid by you to Stirfire Studios for the purposes of acquiring the license to use Stirfire Studios’ products.
Stirfire Studios may assign the benefit of their rights and the burdens of their obligations under these terms to any person or entity at any time with or without your consent.
You may not assign the benefit of your rights or the burden of your obligations under these terms and conditions under any circumstances whatsoever.
6. Privacy and Data Collection
Stirfire Studios places the utmost importance in your privacy.
The purpose of this statement is to ensure that Stirfire Studios manages your personal information in an open and transparent way.
What information do we collect:
We do not collect any personal information or any of your payment details. Personal information includes name, address, telephone number, mobile number, email address and/or account number.
We do collect information such as, mobile and other hardware or device identifiers of the devices you are using; the software versions downloaded by you, usage statistics such as the frequency and duration of use, areas of difficulty within a game level. We may also collect technical information about your computer or device or operating system (such as your IP address) (collectively “non-personal information”).
How do we collect it.
This collection happens automatically and intermittently throughout your use of the product using analytic technology which obtains anonymous data. It will not and does not interfere with your use of the product. The data transmissions are obtained through your active internet connection. This anonymous data is converted into usable technical information which is used to enhance your virtual reality experience.
Why do we collect it.
We collect non- personal information in order to provide and improve our service and products. The non- personal information collected allows us to make modifications and improvements to our products as and when necessary to enhance the user experience. It allows is to identify, fix and troubleshoot any problems as and when they arise. We collect your IP address for region tracking purposes.
How do we use, hold or disclose your personal information.
Please note no personal information is gathered, used, disclosed, copied or distributed by Stirfire Studios.
7. Applicable Law
These terms and the relationship will be governed by the law of Western Australia and both you and Stirfire Studios consent to the jurisdiction of the Magistrate’s Court, the District Court and the Supreme Court of Western Australia.
8. Changes to Terms
These Terms may be amended by Stirfire Studios at any point in Stirfire Studios’ sole discretion.
Any amendments and modifications to the Terms will be published on the website and should be effective from the day stated thereon.
There is no obligation on Stirfire Studios to bring any amendments to the Terms directly to your attention.