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<p>END-USER TERMS OF USE FOR READY PLAYER ME
</p>
<p>Last amended on January 19, 2021
</p>
<p>Wolf3D 3D OÜ, registry code: 12583780, registered at Pärnu, Pardi st 2d, 80015, the
</p>
<p>Republic of Estonia (“Wolf3D”, “we”, “us” or “our”), is the owner and operator of the
</p>
<p>Ready Player Me platform (“Platform”).
</p>
<p>1.
ESSENCE OF THE PLATFORM AND SCOPE OF THE TERMS
</p>
<p>1.1.
The Platform is an online tool that enables you (“User” or “you”) to create an avatar
</p>
<p>based on a selfie of you or, if you wish, without a selfie (“Avatar”).
</p>
<p>1.2.
The following terms of use (“Terms”) will apply exclusively to the current and future
</p>
<p>contractual relationships between Wolf3D and you as regards to your use of the
</p>
<p>Platform and any of the services, including creating the Avatar, accessible through
</p>
<p>the Platform (“Services”).
</p>
<p>1.3.
Please read these Terms carefully before you use our Services as they affect your
</p>
<p>rights and liabilities and constitute an agreement between you and us.
</p>
<p>1.4.
The Platform software is created, owned and operated by Wolf3D.
</p>
<p>2.
PARTNER’S APPLICATION
</p>
<p>2.1.
Please take note that (depending on from where you access the Platform) the
</p>
<p>Platform may be framed into one of our partners’ web applications (“Partner” and
</p>
<p>“Partner’s Application”).
</p>
<p>2.2.
These Terms apply only to your use of the Services (and the Platform) as framed
</p>
<p>but not to usage of any of the sites and services provided by the Partner or any
</p>
<p>other third party.
</p>
<p>3.
ACCEPTANCE OF THE TERMS
</p>
<p>3.1.
It is essential that you thoroughly read, understand and accept the Terms as well
</p>
<p>as the Privacy Policy of the Platform.
</p>
<p>3.2.
By clicking “Take a photo!” or “Continue without a photo”, you confirm that you
</p>
<p>have read the Terms, that you understand it and that you agree to be bound by it.
</p>
<p>Bear in mind – the Terms are obligatory and legally binding to all Users.
If you do
</p>
<p>not agree to these Terms, you may not use the Services (including the Platform) in
</p>
<p>any manner.
</p>
<p>3.3.
By accepting the Terms, you and Wolf3D enter into an agreement of unspecified
</p>
<p>term under which you have the right to use the Services.
Policy for cancellation of
</p>
<p>the Services and the agreement is provided in clause 16.1 of the Terms.
</p>
<p>3.4.
After accepting the Terms you can always read them again at the Platform.
</p>
<p>4.
STARTING TO USE THE SERVICES
</p>
<p>4.1.
At least for now, you do not need to create an account to use the Services but this
</p>
<p>may change in the future.
</p>
<p>4.2.
Entering your e-mail address is not mandatory – but if you wish to get updates
</p>
<p>about the Platform and to uses of the Avatar, you may provide it.
</p>Seite 2 von 7<p>2
</p>
<p>5.
CREATING AND MAKING THE AVATAR AVAILABLE
</p>
<p>5.1.
In order to create an Avatar, you must:
</p>
<p>a) choose the gender of the Avatar (the algorithms for the creation of Avatars
</p>
<p>for sexes vary slightly).
</p>
<p>b) either:
</p>
<p>i.
take a photo of your face (selfie) using the forward facing camera of your
</p>
<p>device (for that we request access to your device’s camera) with a neutral
</p>
<p>facial expression and good lighting or choose an existing photo that meets
</p>
<p>the same requirements.
Also, make sure that your hair (or anything else)
</p>
<p>does not cover your face.
Remove you glasses if you are wearing them.
</p>
<p>This photo is used as a basis for the Avatar.
</p>
<p>or
</p>
<p>ii.
continue without a photo in which case a standard Avatar is taken as the
</p>
<p>basis.
</p>
<p>c) customise the Avatar (e.g.
select hair style, colour, accessories, etc.).
</p>
<p>5.2.
When customizing the Avatar we do not expect you to enter correct data about your
</p>
<p>appearance because the Avatar is not meant to be an exact copy of you.
We hope
</p>
<p>that you are creative and let your imagination run its course.
</p>
<p>5.3.
Once the customization is finished by you, the Avatar data file is created on the
</p>
<p>Platform.
</p>
<p>5.4.
Where you are using the Platform via the Partner’s Application, you hereby give us
</p>
<p>authorisation to make the Avatar available to the respective Partner so it can be
</p>
<p>used in the Partner’s Application.
</p>
<p>5.5.
You also have a possibility to copy the link for using the Avatar in other
</p>
<p>environments and make the Avatar available therein.
The respective instructions
</p>
<p>are given at the Platform and/or in those other environments.
</p>
<p>5.6.
We keep the right to retain the created Avatar in our server.
However, we do not
</p>
<p>have the obligation to retain it.
If you wish, you can view and customize your Avatar
</p>
<p>later by visiting the Platform as long as you have not deleted the cookies sent by
</p>
<p>the Platform to your device from creating the Avatar.
Once you delete these cookies,
</p>
<p>you are not able to access your Avatar from the Platform.
</p>
<p>6.
USING THE AVATAR
</p>
<p>6.1.
Once the Avatar has been created you can use the Avatar in any environment where
</p>
<p>it is made available, including in the Partner’s Application, to the extent that:
</p>
<p>a) the Avatar is not used inappropriately or for any immoral, illegal, abusive or
</p>
<p>harmful purpose at the sole discretion of Wolf3D – for example, it is prohibited
</p>
<p>to use the Avatar for political reasons and/or in the adult entertainment
</p>
<p>industry.
</p>
<p>b) the reputation of Wolf3D nor the respective Partner’s is in any way harmed or
</p>
<p>decreased.
and
</p>Seite 3 von 7<p>3
</p>
<p>c) other terms and conditions of these Terms have been fully complied with.
</p>
<p>6.2.
You hereby agree that it is at our sole discretion to decide whether any use of the
</p>
<p>Avatar complies with these Terms or not and in the latter case it is at our sole
</p>
<p>discretion to request you or the respective Partner to stop the usage of the Avatar.
</p>
<p>Upon receiving such request, you shall stop using the Avatar immediately.
</p>
<p>7.
NOTIFICATIONS
</p>
<p>7.1.
From time to time we may send you notifications via e-mail (if you have given us
</p>
<p>your e-mail address) to inform you of updates and other important information.
</p>
<p>7.2.
You can unsubscribe from such e-mails at any time.
</p>
<p>8.
PAID FEATURES AND NO FEE
</p>
<p>8.1.
We may in the future, at our sole discretion, introduce paid Avatar features or
</p>
<p>customization assets, such as, but not limited to virtual clothing, accessories and
</p>
<p>makeup for the use of which you must pay a fee for us (hereinafter: Paid
</p>
<p>Features).
</p>
<p>8.2.
The core Services, such as creation of Avatar are free of any fee payable by you to
</p>
<p>us and at the time we have no intention of changing it.
However, we reserve the
</p>
<p>right to do so in the future as we are entitled to amend the Terms (see clause 10
</p>
<p>below).
In any case, the usage of the Avatar(s) already created by you shall be free
</p>
<p>of any fees payable by you to us indefinitely.
</p>
<p>9.
GENERAL RIGHTS AND OBLIGATIONS
</p>
<p>9.1.
You are obligated to use the Services (and the Platform) only in accordance with
</p>
<p>the Terms, law and good practice.
</p>
<p>9.2.
If the Services provided by us are in breach of the Terms, you have the right to use
</p>
<p>legal remedies provided by the law: (a) require performance of the obligation.
(b)
</p>
<p>withhold performance of an obligation which is due from you.
(c) demand
</p>
<p>compensation for damage.
(d) withdraw from or cancel the contract.
(e) reduce the
</p>
<p>price.
(f) in the case of a delay in the performance of a monetary obligation, demand
</p>
<p>payment of a penalty for late payment, unless otherwise provided by the Terms or
</p>
<p>by the applicable law.
</p>
<p>9.3.
Any complaint against us can be filed by e-mail to support@wolf3d.io.
Such
</p>
<p>notification must include your name, contact information, date of submitting the
</p>
<p>notification, description of the complaint and the content of the offered solution of
</p>
<p>the complaint.
</p>
<p>9.4.
You undertake not to:
</p>
<p>a) use the Services for any purpose that is illegal or prohibited by these Terms,
</p>
<p>law or good practice.
</p>
<p>b) use the Services for any immoral, abusive, harmful or nefarious purpose –
</p>
<p>e.g.
in a way that would cause damage to our software and/or hardware or in
</p>
<p>a way that would interfere with Services production to other users.
</p>
<p>c) not reverse engineer any of the Platform’s software.
</p>
<p>d) use the Services in order to damage Wolf3D.
</p>
<p>e) take or use any photos of another person without his or her permission.
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