September 26, 2023
Faraway Inc. (“Faraway”, “we,” or “us”) offers the Faraway website (www.faraway.com) and its related platform (collectively, “Platform”) and various other features and services, including websites, applications, forums, content, functionality, products, and services (together with the Platform, “Services”) to allow users (“Users,” “your,” or “you”) to play, create, and connect.
By accepting these User Terms, you also agree to be bound by the following additional agreements:
PLEASE READ THE FARAWAY TERMS CAREFULLY BEFORE BEGINNING TO USE THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FARAWAY. BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY THE FARAWAY TERMS. IF YOU DO NOT AGREE TO THE FARAWAY TERMS, YOU MUST NOT USE THE SERVICES.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO THE FARAWAY TERMS. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO THE FARAWAY TERMS AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.
The Faraway Terms are subject to change. To the extent required by applicable law, Faraway will provide User with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by Faraway) will be deemed to be effective immediately and without notice. Changes shall be in effect as of the “Last Updated” date listed atop this page. Your continued use of the Services after the Last Updated date constitutes your acceptance and agreement to such changes.
The Faraway Terms consist of the following:
These User Terms, along with the additional Creator Terms, govern, among other things, what is called User Generated Content or “UGC.” UGC is content of any kind or nature, whether material, assets, or otherwise, that Users create, upload, submit, publish, display, generate, transmit, or otherwise make available on the Services. ALL USERS ARE SUBJECT NOT ONLY TO THESE USER TERMS BUT ALSO TO THE ADDITIONAL CREATOR TERMS, WHICH ARE INCORPORATED HEREIN BY REFERENCE.
To access certain elements and functionality of the Services, you will need to create a Faraway account (“Account”). You agree that all information provided to Faraway will be true, accurate, and up to date. Faraway reserves the right to take steps to ensure that any information you provide to Faraway in connection with your Account is accurate.
You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., a username and password). You must not share or disclose such credentials to others (except for Guardians in the case of a Minor User).
You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether or not such actions have been authorized by you. You may only access the Services through your own Account. Selling your Account or your access credentials to another User is strictly prohibited. Similarly, purchasing another User’s Account or access credentials is strictly prohibited. However, transferring an Account in connection with the sale of the Virtual Content created by that Account, pursuant to a valid written agreement, is permitted.
If you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, you must notify Faraway immediately by contacting Faraway Support. If another User asks for your password or any personal information, you should report them immediately.
If you violate these User Terms or any of the Faraway Terms, including the Faraway Community Standards, Faraway reserves the right, in its sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the Faraway Services, including by suspending or terminating any alternate account(s) you create or have created. Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services. Faraway may also terminate your Account if Faraway, in its sole discretion, you are a repeat infringer, as contemplated by the Digital Millennium Copyright Act (“DMCA”). A Guardian of a Minor User may request that Faraway terminate their Account by contacting Faraway Support.
If, pursuant to a violation of the Faraway Terms or in response to law enforcement or other legal request, Faraway (i) suspends or terminates your Account or access to the Services or (ii) removes UGC, or other content that you have on the Services, Faraway may notify you, and may provide you an opportunity to request a review of Faraway’s decision (“Appeal”). To begin the Appeal process, contact Faraway Support.
Faraway reserves the right, in its sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with laws, to protect Users, or to protect Faraway’s reputation, without notice to you unless required by law and without liability to Users.
You may acquire “Virtual Items” (including without limitation full avatars or clothing or digital items for your avatar) and other content offered by Faraway and/or Creators (collectively “Virtual Content”) solely on the Services. The acquisition of Virtual Content on the Services is solely for your personal entertainment; it does not create any legally enforceable contract between (i) you and Faraway or (ii) you and any Creator. Virtual Content has no real world equivalent value and you do not acquire any enforceable legal rights in and to any Virtual Content based on any transaction on the Services.
When you spend FIAT or digital currencies to acquire Virtual Content through Faraway Shop, the currency, or token, is collected through the Services and immediately deducted from your wallet. All such transfers are final and, unless otherwise permitted by Faraway through its policies or practices, non-refundable and non-reversible.
Faraway allows Users to resell certain Faraway-created Virtual Content on the Services (“Resale”). Faraway also allows Users to sell Virtual Content made by Creators other than themselves through their Storefront. A User may engage in the Resale of such Virtual Content within Faraway Shop or supported secondary marketplaces. All Resales are final and cannot be reversed.
A Creator may design and sell Virtual Content pursuant to the terms as outlined in Section 4 of the Creator Terms.
Faraway has the right, in its sole discretion, to suspend the availability of, or remove from the Services and your Account, any content without advance notice. Faraway shall not be liable to any User for any losses you may experience because of such suspension or removal, and Faraway is not required to refund any FIAT or digital currencies that a User has spent on any removed or suspended content, except where legally required.
Only Users who have reached the age of majority in their jurisdiction or state of residence may engage in financial transactions on the Services, such as purchasing Virtual Content.
If you believe someone has gained access to or used your Account, including your payment method, without permission, you must notify Faraway as soon as possible by contacting Faraway Support. Faraway reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Virtual Content. (See Chargeback Policy below.)
If you notice charges on your credit/debit card or digital currency wallet that you did not authorize, please contact Faraway Support before disputing any charges directly with your payment processor. Once a charge has been disputed with your payment processor, Faraway cannot issue a refund due to prohibitions under the payment provider’s dispute process. Faraway reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase Virtual Content.
The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives thereof, (“Faraway Intellectual Property” or “Faraway IP”) are protected by law and the Faraway Terms. All Faraway IP is the property of Faraway and Faraway’s licensors. Faraway IP includes UGC licensed to Faraway by Creators under the Creator Terms. Except as allowed in the Faraway Terms and any applicable Additional Terms, you may not use any Faraway IP contained in the Services unless you obtain separate permission in each instance from the owner. Faraway reserves all rights in/to the Faraway IP not granted in these Faraway Terms or elsewhere in Additional Terms.
The Services contain various functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) UGC on the Services. For more information on these features, please also read Section 2 of the Creator Terms.
Any UGC Published on the Services must comply with the Faraway Terms, including the Faraway Community Standards, and must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You represent and warrant that, at the time of Publishing UGC, (i) you own or otherwise control all the rights in/to the UGC; (i) the UGC is accurate and not fraudulent or deceptive; and (iii) the UGC does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity. You understand that in certain situations your UGC may be copied by other Users of the Services and discussed on and outside of the Services. If you do not have the right to submit UGC for such use, Publishing such may subject you to liability. Faraway takes no responsibility and assumes no liability for any UGC Published by you or any third party. Faraway has the right but not the obligation to monitor, modify, or remove any UGC on its Services, and it may exercise these rights at any time, without notice or liability to you or any third party.
We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights (other than content that was previously uploaded by you to the Services, and as to which the Creator-to-Creator Copying Complaint Process, as described in Section 10.b. below, shall apply), you may submit a notice pursuant to the DMCA by contacting our Support team by email at [email protected]. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative. Your notice must include the following information:
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.
If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to our Support team by email at [email protected]. Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.
If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Services infringes upon your trademark(s), please submit a trademark infringement notice to our Support team at [email protected].
When you contact us, please provide the following information in your notice:
Note that Faraway is not in a position to mediate disputes between Users and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement.
Faraway’s intellectual property policy is to: (i) remove or disable access to content that Faraway knows to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and, (ii) in appropriate circumstances, to suspend the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third-parties.
Any feedback, comments, or suggestions you may provide regarding or relating to the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Faraway cares about the safety of its Users. If you see any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual, violent, or illegal act, please contact Faraway Support.
To keep its Users safe, Faraway has created certain Community Standards to outline how Users should behave on the Services and what conduct is and isn’t allowed on the Services. These Community Standards, which are incorporated into these Terms, may be found here. Any violation of the Community Standards is considered a violation of the Faraway Terms and may result in Account suspension or termination.
The Faraway Community is made up of Users of all ages. We work hard to create a safe and fun environment for all. To help foster this community, we provide Users and their parents/guardians with numerous safety features and controls. More information about these features may be found here.
Subject to your compliance with these User Terms or any Faraway Terms, Faraway grants you a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that you own or control for your personal, entertainment use, including and solely in connection with the Services, the right to download and use software that Faraway makes available for download as part of the Services, in object code form only.
In addition to any other restrictions set forth in the Faraway Terms or any Additional Terms, Users may not (a) lease, lend, sell, redistribute, or sublicense any part of the Services; (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology; (c) circumvent any technological measure designed to protect the Services or any technology associated with the Services; (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services’ source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification); (e) use the Services to create malicious or abusive content (as determined by Faraway in is sole discretion) or any content that violates these Faraway Terms, Additional Terms, guidelines, or policies; or (f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
You understand that by using the Services, you may come across Third-Party Services that (i) may be considered offensive, or objectionable; (ii) may or may not be identified as having explicit language; (iii) may contain links or references to objectionable material; (iv) may contain infringing content; (v) may not function properly or as intended; may contain viruses, malware, or other harmful code; and/or (vi) may not be available in all countries or languages. You agree to use the Services at your own risk User acknowledges and agrees that Faraway is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third-Party Services. Faraway does not warrant or endorse any Third-Party Services. You further agree that Faraway will not have any responsibility or liability to you in connection with such Third-Party Services, including any losses you may sustain as a result of using such Third-Party Services.
If a User has an issue with any Creator Virtual Content, Users should first contact the Creator of the UGC directly to resolve the issue.
While Faraway is not responsible for the resolution of issues between Users and Creators or between Creators, Faraway wants to make sure that everyone enjoys the Services. Accordingly, Faraway has the right (but not the obligation) to intervene in issues between Users and Creators or between Creators to try to help resolve them. Before escalating any such issues to Faraway, Users should first make a real, genuine effort to work out a resolution with the Creator. If such attempt is unsuccessful, User may escalate the issue to Faraway’s Customer Service team by completing the Faraway Support Form. If Faraway chooses to intervene or take action in any dispute between a User and Creator or between Creators, User and Creator agree that Faraway’s decision (which may include deducting FIAT or digital currency from the Creator and crediting FIAT or digital currency to the User) is final, and Creator and User will accept that decision. Users and Creators agree to work with Faraway in a timely manner to resolve all such issues, and failure to do so shall be a violation of the Faraway Terms.
As further explained in the Creator Terms, Faraway prohibits the copying of another User or Creator’s UGC and passing it off as a User or Creator’s own work. A User or Creator who has created and previously Published to the Services original UGC material and believes that another User or Creator on the Services has improperly copied such original UGC material in violation of the Faraway Terms (for the purposes of this process, a “Complainant”) may file a complaint using Faraway’s Creator-to-Creator Copying Complaint Process. A complaint may be filed by emailing [email protected] with the subject line “Creator-to-Creator Copying Complaint,” and including the following: (i) identifying the original UGC material; (ii) identifying the copied work; and (ii) providing any other relevant details. If necessary, Faraway will investigate the complaint and reach a decision as to whether copying in violation of the Faraway Terms has occurred. If a violation is found, Faraway may take other actions, which may include removal of copied material or termination of the reported User’s Account.
Any potential Complainant is required to use the Creator-to-Creator Copying Complaint Process and not any other form of complaint or dispute resolution. This means that a Complainant is prohibited from engaging in any form of harassment or from filing a DMCA or trademark takedown notice. Failure to use the Creator-to-Creator Copying Complaint Process when required is a violation of these User Terms. Corporate entities (and those acting on behalf of a corporate entity) may, but are not required to, use the Creator-to-Creator Copying Complaint Process.
Except as otherwise permitted in the Faraway Terms, you agree that any dispute, claim, or controversy you may have with Faraway arising under or relating in any way to the Faraway Terms or the Services (“Dispute”) will be governed and resolved through the Mandatory Informal Dispute Resolution (“MIDR”) process (as outlined below).
FOR U.S. RESIDENTS ONLY: If the MIDR process has been completed but the Dispute remains unresolved, you agree that such Dispute will be determined through binding arbitration (as outlined below) and not through litigation. This agreement applies regardless of the legal theories involved in the Dispute and regardless of whether the Dispute is with Faraway, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Services, or their officers, directors, employees, agents, or successors. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR ANY DISPUTES SUBJECT TO THE ARBITRATION PROVISION BELOW.
We hope there’s never a Dispute between us. but if there is, we both recognize and agree that good faith, informal efforts to resolve Disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, we each agree that—before either of us may commence an arbitration or assert any claim in court, except as set forth in Section 11.a.vi, below—we will engage in the following MIDR process:
To initiate the MIDR process, the party with a Dispute must first give written notice to the other party.
Both parties will then engage in the MIDR process. The MIDR process requires conferring in writing—or, if requested by either party, via teleconference or videoconference—in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate.
All offers, promises, conduct, and statements made in the course of the MIDR process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the MIDR process.
The MIDR process shall occur within sixty (60) days of receipt of the written notice described in subsection i above, unless an extension is mutually agreed upon by the parties. However, if a party is seeking injunctive relief on an emergency basis (for example, a preliminary injunction or temporary restraining order), the MIDR process with respect to that relief shall occur within three (3) business days of receipt of the written notice described in subsection i above, unless an extension is mutually agreed upon by the parties. Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
MIDR Is a Mandatory Prerequisite to Arbitration or Litigation. If, after participating in the MIDR process, we have been unable to resolve the Dispute, either party may commence an arbitration (or litigation, if the claim falls within an exception to the Arbitration Agreement (as defined below)). However, if we have not engaged in the MIDR process as set forth in this section, the Dispute may not be submitted to arbitration, nor may a claim be filed in court, until the MIDR process occurs. User and Faraway understand and agree that any Dispute that has not first been subject to MIDR:
If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, the User and Faraway are not required to participate in the MIDR process set forth in this section.
THE FOLLOWING APPLIES TO U.S. USERS ONLY. If there is a Dispute between us, and we’re unable to resolve it through the MIDR process described in subsection a. above, this subsection explains in detail the process for resolving that Dispute. Please read this section carefully; it’s important.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE PROVIDED IN THE Faraway TERMS, USER AND Faraway AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED THROUGH MIDR , WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH HEREIN, RATHER THAN IN COURT. USER AND FARAWAY THEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT USER AND Faraway MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR CLASS ARBITRATION.
This arbitration agreement and class action waiver (“Arbitration Agreement”) applies to all Users who are United States residents and, except as provided below, to all Disputes—regardless of (a) the legal theories involved in the Dispute, (b) when the Dispute arose, and (c) whether the Dispute is with Faraway, with Faraway’s subsidiaries, affiliates, or parent company, or with any suppliers or service providers involved with the Services (including any officers, directors, employees, agents, or successors).
This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this Arbitration Agreement and all of its provisions, including, without limitation, the class action waiver. State arbitration laws do not govern in any respect. Further, User and Faraway each agree that the Faraway Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to the FAA. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief and statutory damages) and must follow the Faraway Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
Arbitrations will be administered by FedArb in accordance with FedArb’s Expedited Arbitration Rules and (if applicable) Framework for Mass Arbitration Proceedings ADR-MDL, except as modified by the Faraway Terms. In particular, the Framework for Mass Arbitration Proceedings ADR-MDL shall apply if five or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated. Users can find more information at www.fedarb.com or by calling 1-650-328-9500.
Unless required by law, or unless the parties mutually agree otherwise in writing, any arbitration hearing—including oral arguments—will be conducted through video conferencing. If the arbitration hearing is conducted in person, it will take place in Miami, Florida, if that is a convenient location for the User, or the county or parish where the User resides.
At the conclusion of the arbitration, the arbitrator will issue a written decision explaining the findings and conclusions upon which the arbitrator’s decision is based.
Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing, the decision, and the arbitration award—will be confidential and will not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
A party who has complied with the MIDR process described above and who wishes to start arbitration must submit a demand for arbitration and a copy of the User Terms to Faraway Support.
If you commence an arbitration in accordance with the Faraway Terms and Arbitration Agreement, you will be required to pay the first $50 of FedArb’s filing fee. Except as otherwise set forth in Section 11(a)(v) and this subsection, you will not be responsible for paying any other fees for the arbitration other than the filing fee; all other fees or expenses charged by FedArb will be paid by Faraway. Further, if FedArb determines that you are unable to pay any part of the filing fee, Faraway will pay that part too.
Users are otherwise responsible for their own costs and attorneys’ fees; Faraway will not pay such costs or attorneys’ fees unless ordered to do so by the arbitrator.
If the arbitrator finds that either the substance of the claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the arbitrator may order the losing party to reimburse the prevailing party for all arbitration fees—as well as reasonable attorneys’ fees and costs. Further, in cases where a statute authorizes the award of attorneys’ fees or costs to the prevailing party, the arbitrator may award attorneys’ fees or costs pursuant to that statute.
The parties agree that FedArb has discretion to modify the amount or timing of any fees due under any applicable rules or fee schedules, and further agree not to oppose any modifications to the timing or amount of any fees due—provided that such modifications do not increase the fees to either party.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Faraway Terms, including, but not limited to, any claim that all or any part of the Faraway Terms is void or voidable; however, in the event of a Dispute about which particular version of the Faraway Terms you agreed to, a court will decide that specific question prior to the commencement of the arbitration. This Arbitration Agreement is intended to be broadly interpreted and will survive termination of the Faraway Terms.
If any provision of this Arbitration Agreement is found unenforceable, that provision will be severed, and the balance of the Arbitration Agreement will remain in full force and effect. If a court decides that applicable law precludes enforcement of this Arbitration Agreement as to any particular claim, then that claim must be severed from the arbitration, while the remaining claims will still be resolved through binding arbitration.
You may opt-out of the Arbitration Agreement entirely and litigate any Dispute with us by sending written notice to Faraway within 30 days of signing up for the Services for the first time. Thereafter, you may only opt-out of material changes to the Arbitration Agreement by sending written notice within 30 days after Faraway provides notice of those changes (unless a longer period is required by applicable law). In either case, to opt-out, a User must send a written notice entitled “Arbitration Opt-Out Notice” to Faraway Inc, 2900 NE 7th Ave, Miami, FL 33137 by certified U.S. Mail or by Federal Express (or international equivalent). To be valid, the opt-out notice must be sent to Faraway from the User who wants to opt-out (or that User’s guardian) and include (a) the User’s full name, Faraway username, and email address, (b) a clear statement that the User wants to opt-out of the Arbitration Agreement, or wants to opt-out of a material change to the Arbitration Agreement, as applicable, and (c) the User’s signature (or the signature of the User’s guardian, if the User is a Minor). If opting-out of a material change, the notice must also identify the particular material change to which the User wants to opt-out. An opt-out notice applies only to the Arbitration Agreement; all other parts of the Faraway Terms will still apply to the User and Faraway. Further, an opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Agreement. By opting out of a material change to the Arbitration Agreement, you agree to arbitrate any Dispute in accordance with the language of the last version of the Arbitration Agreement that you accepted.
The Arbitration Agreement shall be subject to the following exceptions:
USER AND FARAWAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.
Except as may be required by applicable law, Faraway is not liable for, nor is Faraway obligated to screen, approve, edit, or control any UGC that Users, Creators, or others Publish or otherwise make available on the Services. Faraway may, however, at any time, without notice, and without any obligation to User, remove, edit, block or suspend the availability of any UGC that Faraway thinks violates the Faraway Terms or is otherwise objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against Faraway regarding UGC. If notified by a User or content owner that UGC allegedly violates the Faraway Terms, Faraway may investigate and decide whether to remove the UGC (which Faraway can do at any time, without notice).
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARAWAY AND FARAWAY’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM FARAWAY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR FARAWAY THAT IS NOT EXPRESSLY STATED IN THE Faraway TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FARAWAY AND THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FARAWAY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT THE AGGREGATE LIABILITY OF FARAWAY AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE FARAWAY TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 USD (EXCEPT AS NOTED IN SECTION 11 ABOVE OR AS OTHERWISE SET FORTH IN THE CREATOR TERMS).
You agree that you will be responsible for your use of the Services, and you further agree to defend and indemnify Faraway and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Services; (b) your violation of any part of the Faraway Terms, any representation, warranty, or agreement referenced in the Faraway Terms, or any applicable law or regulation; (c) your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between you and any third party. Faraway reserves the right, at Faraway’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Faraway’s defense of that claim.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210 in order to resolve complaints regarding the Services or to get more information regarding your use of the Services.
If you are a California resident under the age of 18, you may request that Faraway remove certain personal content that you have publicly posted to the Services, and Faraway will comply with such request to the extent permitted and/or required by law. Such content may include personal information but does not include (a) anonymized information or (b) UGC that you have uploaded to the Services (as you have received consideration for providing it). To make such a request, please contact Faraway Support. The request must include your username and a specific description of the content that you want removed so that Faraway can find it. Faraway will not accept requests via postal mail, phone, or fax and may not be able to respond if you provide incomplete information. A request does not guarantee that the information you posted will be completely removed, and there may be circumstances in which the law does not require or allow removal, even if you make such a request.
These User Terms, together with all Faraway Terms, make up the entire agreement between you and Faraway regarding the Services and your use thereof. You may not assign these Faraway Terms or any of your rights hereunder by operation of law or otherwise without Faraway’s prior written consent. Faraway may assign the Faraway Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of Faraway’s and your respective successors and assigns. If any part of these Faraway Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from the Faraway Terms), and the remaining parts will remain in full force and effect. Nothing in the Faraway Terms will be deemed to confer any rights or benefits on a third party (other than Apple as noted in Section 9.c.).
In the event of termination of these User Terms or any Additional Terms, as applicable, the rights and duties of Faraway and User to each other will terminate except that any part of the Faraway Terms or Additional Terms, which by their nature should survive termination, will survive.
No waiver of any part of the Faraway Terms by either User or Faraway shall be deemed a continuing or further waiver of any such part or any other part of the Faraway Terms, and Faraway's or User's failure to assert any rights or part of the Faraway Terms shall not be deemed or otherwise constitute a waiver of such right or part.
The section headers in these Faraway Terms are for convenience and will not impact the interpretation of these Faraway Terms. In all cases where Faraway is allowed to make a decision under these Faraway Terms, that decision is completely up to Faraway, in its sole discretion. The Faraway Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word “including,” or similar is found in the Faraway Terms, it means “including, without limitation” and whenever the word “or,” is found in the Faraway Terms, it means “and/or.”
When using the Services, you agree to comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). User hereby represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
Faraway reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Faraway may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
To the extent any of the Faraway Terms are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms and any other language version, the English version will govern and prevail.
The Services are offered by Faraway Inc. located at 2900 NE 7th Ave, Miami, FL 33137. You can contact Faraway by sending any messages to that address, or emailing [email protected]. If you are a California resident, you may have the Faraway Terms e-mailed to you by sending a request, including your email address, to the address above.
Creators are the heart of the Faraway community, and we created the following terms (“Creator Terms”) to set forth the rules and guidelines for creating and Publishing UGC on the Services as well as the use of UGC or other Faraway IP or content on the Services. These Creator Terms apply to all Users of Faraway products.
In addition to these Creator Terms, Creators must also abide by the User Terms, both in their capacity as a Creator and as a User of the Services, and any Additional Terms.
Any capitalized words not defined herein take the meaning given to them in the User Terms.
Terms outlining the ownership of Faraway IP are set forth in Section 6.a. of the User Terms.
“Templates” are made available by Faraway and serve as a starting point that Creators can use to more easily create UGC. Faraway owns or controls all rights in all Templates and all elements contained therein and makes Templates available to Creators pursuant to the Studio License. Creators may only use Templates in a way consistent with these Creator Terms. Using a Template does not give Creator any ownership rights in/to that Template.
Faraway has created, owns all intellectual property in, and makes available to Creators for use solely on the Services certain models, which include (a) avatars derived from a model based on a “male” skeleton; and (b) avatars derived from a model based on a “female” skeleton);
Subject to the rights Creator grants to Faraway in subsection 2.b below, Faraway grants Creators (a) the right to use such Classic Avatars as avatars solely on the Services; (b) the right to alter, customize, and modify such Classic Avatars (each a “Modified Classic Avatar”) solely for the purpose of using such Modified Classic Avatar on the Service or as otherwise permitted under these Creator Terms; and (c) the non-exclusive right to apply Creator’s UGC to Classic Avatars and Modified Classic Avatars on the Services only.
Faraway further grants the Creator of each Modified Classic Avatar a limited, non-exclusive, revocable, non-transferable license to use such Modified Classic Avatar solely on the Services and as otherwise permitted under these Creator Terms. Faraway reserves all rights in Classic Avatars and Modified Classic Avatars not expressly granted herein, including the exclusive right to create derivative works incorporating Classic Avatars and Modified Classic Avatars.
Creators shall in no event use Classic Avatars or Modified Classic Avatars (including any portions thereof) in connection with any off-Services physical or digital merchandise, motion picture, television program, theatrical play, book, or other publication, in each case whether for giveaway or compensated access (including license or sale). Creator hereby represents and warrants not to make any such use of Classic Avatars or Modified Classic Avatars.
Faraway, at its sole discretion, may create, develop, and make available on and through the Services other content (“Other Faraway Content”). Subject to Creator’s compliance with these Creator Terms, Faraway grants Creator a non-exclusive, limited, revocable, non-transferable license to use such Other Faraway Content solely on the Services and in connection with Creator’s UGC (“Other Content License”). Creator will not be entitled to any payment or compensation for Creator’s use of Other Faraway Content (including any modifications or enhancements thereto).
Faraway reserves the right to terminate or modify the Studio License, Template License, Other Faraway Content License, and Faraway Trademark License at any time and for any reason.
Except for Modified Classic Avatars and subject to the rights and licenses Creator grants in these Creator Terms (and any applicable Additional Terms), as between Creator and Faraway or Creator and Users, Creator retains all copyrights that Creator may hold in any UGC that Creator has ever created or will create (whether alone or with others) and Publishes or makes available on the Services (excluding any non-UGC Faraway IP that may be contained therein).
In consideration for the use of the Services and Creator’s potential to earn FIAT or digital currency, Creator grants Faraway a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, including without limitation other Users and Creators) to host, store, transfer, translate, run, localize, publish, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, adapt, create derivative works of, enhance, distribute, and use for any business purpose related to the Services (including, but not limited to, in connection with operating, providing, improving, or publicizing the Services or Faraway) any UGC, in whole or in part (including any incorporated or associated trademarks and underlying source code), that Creator Publishes or makes available on/through the Services.
Notwithstanding the above, Creator also grants to Faraway the exclusive, worldwide, irrevocable, perpetual, fully paid, sublicensable right to apply Creator’s UGC to a Classic Avatar or Modified Classic Avatar, whether on or off the Services; provided, however, that Faraway’s off-Services right specifically excludes the right to apply (a) shirts, pants, or T-Shirts designed by a Creator (excluding any Faraway IP that may be contained therein); (b) trademarks owned or controlled by a Creator; or (iii) copyrighted material owned or controlled by a Creator that has been published outside of the Services prior to the time that it was Published by Creator on the Services.
Subject to the rights and licenses granted herein, to the extent that a Creator has or obtains any right, title or interest in any Modified Classic Avatar, Creator hereby irrevocably assigns to Faraway all such right, title and interest. This assignment includes all intellectual property rights and other proprietary rights therein, including rights in any licenses that such Creator may have granted. It also includes rights in any Modified Classic Avatar developed under prior versions of these Faraway Terms. Notwithstanding the foregoing, Faraway may, in its sole discretion, permit a Creator who has customized a Classic Avatar or Modified Classic Avatar so that it no longer appears similar to a Classic Avatar or Modified Classic Avatar (or any derivatives thereof, all as determined by Faraway in its sole discretion) to receive all right, title and interest in such customized Classic Avatar or Modified Classic Avatar, subject to Creator granting Faraway the perpetual, worldwide, non-exclusive, royalty-free right and license discussed in this Section.
Creator also agrees to make its UGC available in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or Faraway as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (all the foregoing paragraphs in this section collectively, the “UGC License”).
Faraway’s right to market and advertise the Services or Faraway using Creator’s UGC (excluding Modified Classic Avatars) (“Ancillary Use”) will not include using such UGC in marketing and advertising that is focused solely on promoting Creator’s UGC (as reasonably determined by Faraway) as part of the Services without Creator’s approval, but Faraway can generally reference, as determined by Faraway in its sole discretion, Creator’s UGC with other UGC or material (and without Creator’s approval) to promote, market or advertise the Services or Faraway. Faraway may also use Creator’s UGC for non-commercial and educational uses to promote the Services (and Faraway will reasonably determine whether a use is non-commercial or educational). Other than the potential to earn FIAT or digital currency, Faraway is not required to give Creator any attribution or compensation for any reason nor is Faraway required to use the license Creator grants in this Section or exploit any of the rights granted herein.
Where Creator’s Virtual Content is sold or otherwise provided to a User, Creator agrees that, pursuant to the rights granted to Faraway herein and regardless of whether the Virtual Content was sold or provided by Creator to the User, Faraway may allow the User to continue to access and use such Virtual Content indefinitely (in accordance with and subject to the Faraway Terms) even if the Virtual Content is no longer otherwise accessible on the Services.
Faraway’s rights under this UGC License shall expressly survive if Creator's Account is terminated due to Creator's breach or violation of these Creator Terms or any of the Faraway Terms.
The rights Creator grants in these Creator Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services won’t have separate liability to Creator or anyone else for UGC that Creator has made available on the Services or used on Third-Party Services via Faraway’s Services.
Creator must not Publish or otherwise make any UGC available on the Services if Creator is not the owner of or is not fully authorized to grant rights in all parts of that UGC. Without limiting Creator’s obligations under Section 9 of these Creator Terms (and all other obligations set forth in the Faraway Terms), Creator agrees to pay all amounts owed to any person as a result of Creator Publishing or making UGC available on the Services.
Faraway may, in its sole discretion, suspend availability of or delete any UGC or other content on the Services at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates any laws or intellectual property rights or principles or any guidelines or policies associated with the Services or if Faraway determines in its sole discretion that such UGC does or may cause harm to Users, the Services, or to Faraway’s reputation. Faraway is and shall be under no obligation of any kind to Creator for suspending any UGC in accordance with this Section.
Notwithstanding Creator’s ownership of UGC (other than Modified Classic Avatars and the right to apply Virtual Content and other UGC to Classic Avatars and Modified Classic Avatars) as set forth above and without limiting any other limitations set forth herein, Creator shall in no event use Creator’s UGC (in any medium or format, including on or off the Services): (a) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (in each case, as determined by Faraway in its sole discretion); (b) in connection with false, defamatory, libelous or slanderous statements concerning Faraway or otherwise in a manner intended or reasonably likely to disparage Faraway or bring Faraway into public disrepute; or (c) in a manner that is intended or reasonably likely to suggest or imply that Creator is affiliated with Faraway or that Faraway endorses Creator or its use of the applicable UGC.
Faraway fosters creativity and respects the intellectual property rights of others, including Creators. Any copyright owner or an agent of a copyright or trademark owner (including other Creators who are owners or agents of a copyright or trademark owner) who believes that any content on the Services (including UGC) infringes upon its copyrights or trademarks and whose complaint does not concern UGC subject to the Creator-to-Creator Copying Complaint Process (as detailed in Section 11.b. of the User Terms) may submit a notification pursuant to the DMCA (as further outlined in Section 6.d. of the User Terms). As referred to throughout the Faraway Terms, Faraway, in appropriate circumstances, may terminate the Accounts of Users (or Creators) who Faraway determines, in its sole discretion, are repeat infringers as contemplated by the DMCA.
For purposes of the Faraway Terms, a "Group" exists where Creators have joined together and, via a single email address, registered on the Services as a single unit for the purpose of releasing Virtual Content through the Services. For corporate accounts, the company (or other legal entity) named on the account is considered a Group.
Each Group must select an “Owner,” who shall be the individual or entity that controls the email address used to register the Group on the Services, to act on behalf of the Group. The Owner, in its sole discretion, may choose to transfer ownership of the Group at any time to a new owner; provided, however, that only one individual or entity may be the Owner of a Group at a time. If an Owner’s account is terminated pursuant to these Creator Terms, the Faraway Terms, or other applicable Additional Terms, Faraway may, in its sole discretion, designate another Owner of the Group; provided, however, that nothing will obligate Faraway to do so if Faraway, in its sole discretion, determines to terminate a Group.
By participating in a Group, each Creator grants the Owner (as such Owner may change over time) the sole and exclusive authority to act on their behalf to (i) authorize Faraway’s use of any UGC created by the Group as set forth in these Creator Terms or pursuant to any other agreement entered into between the Owner and Faraway; and (ii) receive payment for any activities undertaken or UGC sold by the Group on or through the Services. Group members hereby waive any claims they may have against Faraway for any payments made to an Owner by Faraway on behalf of the Group, and Group members agree to seek recovery of any such payments solely from the Group Owner. The authority granted to a Group’s Owner may be modified by separate agreement amongst Group members. Except as may be provided at law, any duty of accounting between a Group Owner and Group members will arise solely pursuant to a written agreement among the Group, and Faraway will not be bound by any such agreement.
Faraway allows Creators to sell Virtual Content they create on the Services, subject to the following:
There are three roles involved in the sale of all UGC on the Services. Each role may be entitled to a share of the FIAT or digital currency generated from an applicable sale (“Payout Allocation”):
Faraway may, at any time upon notice to Creator (via any reasonable means), (a) change the Payout Allocation and/or (b) introduce features allowing certain elements of the Payout Allocation to be customized by those involved in a given sale.
Creator acknowledges that Faraway may on Creator’s behalf, display and host Virtual Content or other UGC created by Creator to be enjoyed by other Users on the Services. When a Creator receives FIAT or digital currencies from a User for the sale of UGC through the Services, the transaction is between the Creator and the User; Faraway only facilitates by providing the Services. If, in connection with a Dispute, Faraway returns FIAT or digital currencies to a User (or another Creator) for any UGC for which a Creator received FIAT or digital currencies, Faraway reserves the right to deduct or withhold an equivalent amount of FIAT or digital currencies from such Creator.
Developing UGC that Users will enjoy or spend time in is difficult and can take a lot of time. Faraway makes no promises that a Creator's UGC will be successful in developing a large audience or that the time, effort, and expense that a Creator spends developing, advertising, or operating UGC will be financially successful.
In addition to any other restrictions set forth in the User Terms (including in Section 8.b. of the User Terms) or any Faraway Terms, Creator will not take any action in violation of these Creator Terms, including as set forth in this Section.
Faraway wants all Creators to develop their own ideas. Unless Creator has express written permission or a written license from the content creator to do so, Creator must not copy or make any modification to someone else’s item, content, or UGC and Publish it as Creator’s own content. Faraway reserves the right to take any action against Creator for any improper copying of content, including the suspension or termination of a Creator’s Account.
Disputes between Creators and Faraway shall be handled according to Section 11 of the User Terms.
Creators are responsible for handling all issues, including User complaints, relating to their Virtual Content published on the Services in a quick and professional manner.
If a Creator has acquired FIAT or digital currency in connection with Virtual Content and, pursuant to a User complaint regarding that Virtual Content Faraway returns FIAT or digital currency to a User, Faraway has the right to deduct or withhold an equivalent amount of FIAT or digital currency from such Creator.
If a Creator has a dispute with another Creator or a User, prior to commencing any litigation, Creator must first engage in a mediation with a recognized mediator or mediation service to try and amicably resolve the dispute. Such mediation requirement does not apply to disputes related to the copying of a Creator’s UGC, which shall be subject to the Creator-to-Creator Copying Complaint Process as outlined in Section 10.b. of the User Terms. Faraway reserves the right, in its sole discretion, to resolve any dispute between Creators or between Creators and Users. Such resolution may result in suspension of Creator’s Account and/or any other action permitted by law, including but not limited to the recovery of civil or criminal penalties.
Notwithstanding the terms set forth in this Section, Users can escalate to Faraway disputes with Creators, as further described in Section 10.a. of the User Terms. If Faraway chooses to take action in any dispute between a User and Creator, both User and Creator agree that (i) Faraway’s decision (which may include deducting FIAT or digital currency from the Creator and crediting FIAT or digital currency to the User) is final, and (ii) they will accept that decision. Creator agrees to work with Faraway in a timely manner to resolve all such issues, and failure to do so shall be a violation of these Creator Terms.
Creator is responsible for Creator’s UGC, and represents and warrants that: (a) Creator is the creator and owner of, or has the necessary rights and permissions to grant Faraway the rights and license in Section 2.b.ii; (b) Creator’s UGC and the use of Creator’s UGC as described in these Creator Terms does not and will not: (i) infringe, violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) require Faraway to get licenses from, pay compensation, or provide attribution to any third parties; (iv) result in a breach of contract between Creator and a third party; or (v) cause Faraway to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules, and regulations and the Faraway Terms (including without limitation these Creator Terms) in Creator’s use of the Services.
Creator agrees to be responsible for Creator’s use of the Services and to defend and indemnify Faraway and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Creator’s access to, use of, or alleged use of the Services; (b) Creator’s violation of (i) any part of the Faraway Terms, including these Creator Terms, (ii) any representation, warranty, or agreement referenced in these Creator Terms, or (iii) any applicable law or regulation; (c) Creator’s violation of any third-party right, including any intellectual property, publicity, privacy, or property right, or confidentiality obligation; or (d) any Dispute or issue between Creator and any third party. Faraway reserves the right, at Faraway’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by Creator (without limiting Creator’s indemnification obligations with respect to that matter), and in that case, Creator agrees to cooperate with Faraway’s defense of that claim.
IN NO EVENT WILL THE AFFILIATED PARTIES BE LIABLE TO CREATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Faraway HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE AFFILIATED PARTIES TO CREATOR FOR ALL CLAIMS (INCLUDING WARRANTY CLAIMS) OR CAUSES OF ACTION IS LIMITED TO (i) THE TOTAL AMOUNT PAID OR PAYABLE BY Faraway TO CREATOR UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES Faraway OF A CLAIM, OR (ii) TO THE EXTENT THAT Faraway HAS NOT PAID CREATOR ANYTHING IN THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH CREATOR NOTIFIES Faraway OF A CLAIM, $1000 USD.
If and to the extent a Creator receives any User personal information (“User PII”), Creator will not use User PII (i) to provide services to any third party; (ii) to build, help build, track or supplement any segments, profiles, or similar records on any individual User, device, or browser across the Services or any third party websites or platforms; (iii) to associate the behavior of any individual device or browser with any segment, profile, or similar record, or supplement any such record based on data of Users; (iv) to associate any data of Users with any other personal information of the User; or (v) for any unauthorized purpose in violation of any applicable law, including applicable privacy laws, or for any unauthorized purpose. Additionally, Creator shall be prohibited from selling, disclosing, sharing, renting, leasing, syndicating, modifying, reverse engineering, decompiling, lending, or otherwise altering any User PII.
Neither Faraway nor Creator shall knowingly sell any “personal information” (as that term is defined by the California Consumer Privacy Act of 2018, as amended) belonging to a User, and both Faraway and Creator have taken and will continue to take all reasonable measures to protect such personal information under their control or in their possession from unauthorized access by third parties.
The Services are provided “AS IS” and Section 13 of the User Terms is incorporated herein by reference.
Any part of these Creator Terms which by their nature should survive termination, will survive, including Sections 2b, 6, 7, 8, 9, 10, 11, and 12a.
Faraway Community Standards
Faraway’s mission is to connect millions of people with optimism and civility. We believe in building a safe, civil, and diverse community—one that inspires and fosters creativity and positive relationships between people around the world.
We’ve created these Community Standards to help ensure that everyone feels safe and welcome in our shared adventure. These Standards apply to all of your actions on Faraway products and with other Users.
We ask that you respect our Standards and each other at all times — and understand that violating them may result in enforcement action against your account(s) and content. For some behavior that violates these Standards, such as behavior that poses a real-world risk to others, we reserve the right to contact or cooperate with the relevant authorities in order to keep everyone safe.
We want our community to be a place where people can connect with optimism and civility, regardless of their identity or beliefs. To ensure Faraway products are a place where everyone feels comfortable being themselves, the following is not allowed:
Faraway has a zero-tolerance policy for endangering minors, including:
Faraway has a zero tolerance policy for content or behavior that incites, condones, supports, glorifies, or promotes any terrorist or extremist organization or individual (foreign or domestic), and their ideology, or actions, including:
Threatening others with real-world or online harm, inciting violence against people or property, bullying, stalking, trolling, harassment, intimidation, extortion, and blackmail are not permitted on Faraway products. We also do not allow any content that depicts, glorifies, or promotes such behavior, including:
At Faraway, we take our users’ well-being very seriously. We’re here to help provide resources for those struggling with mental health, and we reserve the right to communicate with authorities regarding credible threats of self-harm. We don’t allow content or behavior that depicts, glorifies, or encourages suicide, self-injury, or real-world activities that may create an extreme risk of physical harm including:
If you or a loved one are having thoughts of suicide or self-harm, there is help available. Reach out to a suicide prevention hotline like the one found here. For additional global resources, here is a good place to start.
Faraway honors and welcomes users of all ages, backgrounds, and identities. We don't allow content or behavior that supports, glorifies, or promotes hate groups, their ideologies, or actions. You also may not discriminate, mock, or promote hatred against individuals or groups, or encourage others to do so directly or indirectly, on the basis of their:
Faraway Users treat everyone with respect, both on and off of Faraway products. If credibly reported to us, we may take action against users who, among other things:
Civility is at the core of the Faraway community. To promote our civil environment, Faraway prohibits certain types of content, including:
Faraway prohibits content that recreates specific real-world sensitive events; mocks the victims of such events; supports, glorifies, or promotes the perpetrators or outcome of such events; or capitalizes on these events for commercial purposes, including content about:
Although some experiences in Faraway products may include weapons and violence, we don’t allow content that contains extreme violence or serious physical or psychological abuse, including:
Faraway products are a safe space for meeting online friends, chatting, and collaborating on creative projects, but we prohibit content that depicts sexual activity or seeks real world romantic relationships, including:
We prohibit users from discussing, depicting, or promoting illegal and some regulated goods. You also may not discuss engaging in illegal activities in the real world or encourage others to engage in such behavior, or engage in or promote these activities on the platform. These goods and activities include:
If you or someone you know is struggling with substance abuse, help is available. You can start here.
To keep Faraway products safe and civil for everyone, we don’t allow swearing in any language text, images, or uploaded audio, including:
We value friendly debate about issues and topics that matter to Faraway users. However, to maintain a civil and respectful environment, we prohibit the discussion or depiction of certain political content, including:
We want Faraway users to trust each other to play fairly and honestly, and to respect one another’s creativity and hard work. To encourage this, we require users to follow their local laws and prohibits or limits:
We don’t permit users to deploy or discuss deceptive schemes or methods of cheating on our platform, including:
We prohibit disrupting or misleading others on the platform. This includes:
We expect you to respect the intellectual property rights of others, and will remove infringing content upon receiving a valid copyright or trademark takedown request from a rights holder. Examples of intellectual property infringement may include:
For our community to thrive, everyone must feel digitally safe as well as physically safe. We can achieve this by respecting each other’s personal information and Faraway’s safety systems, and by keeping Faraway accounts secure. This section describes how players and creators should treat others’ information and protect their own and others’ digital security.
To help maintain a safe metaverse, Faraway does not permit:
To maintain privacy and safety, users may be prohibited from sharing their own or requesting others’ personal information and unique identifiers on Faraway products, including:
When using Faraway products, you may not link to any external websites or services, except for: YouTube, Facebook, Discord, Twitter, and Twitch. Links to any of those approved sites must be wrapped in the applicable PolicyService API or listed in the Social Networks and Social Links settings of your profile page. Links (including those to approved sites) that appear in locations where the API cannot be deployed - such as text chat or embedded in media - are prohibited. Any other links or efforts to evade detection of links are prohibited, including:
Note: For their privacy and safety, we prohibit users under age 13 from sharing links, regardless of API usage
Faraway maintains many systems to keep our users safe and secure, and we prohibit attempts to bypass these systems, gain unauthorized access to Faraway products or to others’ Faraway accounts or information, or to otherwise violate our platform security requirements, including by: