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Creator Policy

Last Updated:

 September 26, 2023

  1. Introduction


  2. USER TERMS


  3. CREATOR TERMS


  4. Safety


  5. Civility


  6. Integrity


  7. Security



Introduction


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:


  • Faraway Terms of Service, which apply to all Users who access the Services. This document covers items ranging from the use of applications, such as games, to the use of the Faraway Creator Suite and Developer Platform.
  • Faraway Privacy Policy, which explains information that we collect about you, how we protect that information, and how that information may be used.
  • Faraway Copyright Policy, which details the Faraway policy around copyright infringement
  • Faraway Community Standards, which explains the conduct standards expected from Users, and outlines behavior prohibited on the Services.
  • For U.S. Users, Faraway’s Arbitration Agreement (Section 11), which outlines how disputes between you and Faraway will be resolved. Specifically, these Faraway Terms contain A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. THIS MEANS THAT YOU GIVE UP THE RIGHT TO BRING AN ACTION IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION.

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:


  • User Terms. The User Terms apply to any person who accesses the Services.
  • Creator Terms. The Creator Terms apply to all Users who access the Services. They cover items such as the use of Faraway Creator Suite
  • Faraway Community Standards. The Faraway Community Standards apply to all Users and outline the types of behavior that are acceptable and prohibited when using the Services.
  • Faraway Privacy Policy. The Faraway Privacy Policy outlines information that Faraway collects during your use of the Services, how we protect that information, and how that information may be used.

USER TERMS


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.


  1. User Accounts; Access to Services.


    1. Creating an Account.

      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.


    2. Securing an Account.

      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).


    3. Account Responsibilities and Prohibitions.

      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.


    4. Compromised Accounts.

      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.


    5. Suspension or Termination of an Account.

      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.


    6. Notification and Appeal.

      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.


    7. Access to Services.

      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.


  2. Virtual Content and the Faraway Economy.


    1. Acquiring Virtual Content.

      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.


    2. Selling Virtual Content.


      1. For Users.

        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.


      2. For Creators.

        A Creator may design and sell Virtual Content pursuant to the terms as outlined in Section 4 of the Creator Terms.


    3. Removal of Virtual Content.

      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.


  3. Payments and Refunds.


    1. General.

      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.


    2. User Responsibilities.

      When purchasing Virtual Content, you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable Additional Terms and that any information you provide in connection with any financial transaction on the Services, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.


      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.)


    3. Chargeback Policy.

      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.


  4. Intellectual Property and UGC.


    1. Faraway IP.

      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.


    2. UGC.

      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.”


      Except as otherwise described in Faraway’s Privacy Policy or any applicable Additional Terms, (i) you agree any UGC that you Publish will be considered non-confidential and non-proprietary, and (ii) you grant Faraway a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, and publicly perform or display such UGC throughout the world in any media for any business purpose in connection with operating, providing, improving, or publicizing the Services; however, Faraway will only share personal information that you provide in accordance with Faraway’s Privacy Policy.


      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.


    3. Copyright Infringement / Digital Millennium Copyright Act (DMCA).


      1. Notice.

        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:


        • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
        • A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
        • A description of the material that you claim is infringing and where it is located;
        • Your address, telephone number, and email address;
        • A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
        • A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

        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.


      2. Counter-Notice.

        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.


    4. Trademark Infringement.

      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:


      • An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
      • A description of the trademark right that you claim has been infringed;
      • A description of the content that you claim is infringing and where it is located;
      • Your address, telephone number, and email address;
      • A statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and
      • A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.

      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.


    5. Repeat Infringer Policy.

      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.


    6. Feedback.

      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.


  5. Online Safety


    1. 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.


    2. Community Standards.

      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.


    3. Parental Controls.

      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.


  6. License to and Restriction of Services.


    1. License to the Services.

      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.


    2. Restrictions of Use.

      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.


  7. Third-Party Services.


    1. Third-Party Services.

      Some parts of the Services may include or make available content, tools, or other materials from third parties (people or companies other than Faraway) (“Third-Party Services”). Depending on a User’s age, this could include links to other websites, features that let a User link their User Accounts to other accounts, or third-party buttons (e.g., “like” or “share”). As described in this Section 9, Faraway neither controls nor takes responsibility for any Third-Party Services, including without limitation how a third party may collect, use, or store User information. You understand that your use of the Services and, by extension, Third-Party Services, may subject you to fees, terms, and/or policies, such as a privacy policy, that are not controlled by Faraway. By your use of the Services and integrated Third-Party Services, you agree to pay any fees and to follow any terms, conditions, and policies presented by those Third-Party Services.


    2. Disclaimer.

      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.


  8. Dispute Resolution (Between Users and Creators or Between Creators).


  9. 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.


    1. Escalation to Faraway.

      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.


    2. Creator-to-Creator Copying Complaint Process.

      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.


    3. Exclusivity of Creator-to-Creator Copying Complaint Process.

      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.


  10. Dispute Resolution (Between User and Faraway); Arbitration Agreement; Class Action Waiver.


  11. 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.


    1. Mandatory Informal Dispute Resolution.

      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:


      1. Notice.

        To initiate the MIDR process, the party with a Dispute must first give written notice to the other party.


        • To notify Faraway, you must send written notice to Faraway Inc, 2900 NE 7th Ave, Miami, FL 33137 by certified U.S. Mail or by Federal Express (or international equivalent), providing: (a) the User’s full name, Faraway username, and any email associated with the User’s Faraway Account; (b) the name and contact information of the User’s counsel, if User is represented by counsel; (c) a brief description of the User’s Dispute and the resolution requested; and (d) the ticket or case number provided by Faraway Support to track previous attempts to resolve the Dispute, if there is one.
        • To notify a User, Faraway will send a written notice to the email address or billing address that the you provided to Faraway (or, if none is provided, through the messaging system on the Faraway Service); that notice will include (a) the name and contact information of Faraway’s counsel; and (b) a brief description of Faraway’s Dispute and the resolution requested.
      2. Process.

        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.


      3. Confidentiality.

        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.


      4. Timing.

        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:


        • Shall not be accepted by the arbitration provider, and shall be deemed frivolous under Federal Rule of Civil Procedure 11(b); further, the arbitrator may allocate any arbitration fees and/or costs to any party that files a frivolous claim in violation of this Section 11.a; and
        • Shall be subject to dismissal if asserted in court.

      5. v. Exceptions.

        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.


    2. Arbitration Agreement.

      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).


      1. Federal Arbitration Act; Interpretation; and Enforcement.

        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.


      2. Arbitration Generally; Relief Available.

        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).


      3. Arbitration Proceedings and Rules.

        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.


      4. Commencing an Arbitration.

        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.


      5. Fees and Costs.

        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.


      6. Delegation; Interpretation.

        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.


      7. Severability.

        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.


      8. Opting Out.

        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.


      9. Exceptions.

        The Arbitration Agreement shall be subject to the following exceptions:

        • Users and Faraway retain the right to participate in class-wide settlement of claims.
        • The Arbitration Agreement does not apply to Users who are not residents of the United States, or to Users who (pursuant to subsection ix above) properly opt-out of the entire Arbitration Agreement within 30 days of signing up for the Services for the first time.
        • If a Dispute is within the jurisdiction of small claims court, either the User or Faraway may (after engaging in the MIDR process) choose to take the Dispute to small claims court in the User’s county of residence, or in the Superior Court of Florida, County of Miami.
        • If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, either the User or Faraway may assert the claim in federal or state court, as set forth in Section 15.

    3. Timing for Raising Disputes.

      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.


  12. Governing Law, Jurisdiction, and Venue.


    1. Except as otherwise provided herein, the Faraway Terms are governed by the laws of the State of Florida without regard to conflict of law principles.

    2. Except for small claims court actions, any Dispute that is not subject to the Arbitration Agreement as outlined in Section 11 above (including if the Arbitration Agreement is for any reason held to be unenforceable) may only be litigated in the federal or state courts of Miami-Dade County, Florida, and User and Faraway consent to jurisdiction in those courts for such purposes, except as otherwise provided by the European Union’s General Data Protection Regulation.

  13. Disclaimers; No Warranties.


    1. UGC Disclaimer.

      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).


    2. As Is.

      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.


    3. No Responsibility.

      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.


  14. Limitations of Liability.


  15. 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).


  16. Indemnification.


  17. 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.


  18. Notice to California Residents.


    1. Complaints.

      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.


    2. Minors.

      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.


  19. Miscellaneous Terms.


    1. General.

      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.).


    2. Termination; Survival.

      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.

    3. Waiver.

      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.

    4. Interpretation.

      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.”

    5. Compliance with Laws.

      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.

    6. Consent to Online Communications.

      By using the Services, you agree to receive certain electronic communications from Faraway as described in the Privacy Policy, (which are incorporated by reference into these User Terms, and by your use of the Services, you acknowledge that you have read). You further agree that any notices, agreements, disclosures, or other messages that Faraway sends to you by electronic means shall satisfy any legal requirements that such communications be in writing. To the extent permitted by applicable law, you agree that any time you electronically transact, agree, or consent via the Services, it is intended to be an electronic signature which binds you as if you had signed on paper.

    7. Investigations; Cooperation with Law Enforcement.

      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.

    8. Prevailing Language.

      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.


  20. Contact Information.


  21. 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.

CREATOR TERMS


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.


  1. Definitions


    Any capitalized words not defined herein take the meaning given to them in the User Terms.


  2. Intellectual Property.


    1. Faraway Services; Ownership; License.


      1. Faraway IP.

        Terms outlining the ownership of Faraway IP are set forth in Section 6.a. of the User Terms.


      2. Faraway Templates.

        “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.


      3. Faraway Classic Avatars.

        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.


      4. Other Faraway Content.

        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).


      5. Termination of License.

        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.


    2. User-Generated Content (UGC).


      1. Ownership of UGC.

        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).


      2. Faraway License to UGC.

        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.


      3. Through-to-the-Audience Rights.

        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.


      4. Authorization to Publish UGC to 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.


      5. Suspension of UGC Availability.

        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.


      6. Limitations on Use of UGC.

        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.


      7. Infringement and DMCA.

        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.


  3. Groups.


    1. Definitions.

      1. Group.

        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.

      2. Owner.

        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.

      3. Rights and Authority.

        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.


  4. Faraway Creator Economics.


    1. Selling UGC.

      Faraway allows Creators to sell Virtual Content they create on the Services, subject to the following:


      1. Payout Allocation Roles

        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”):


        • Creator: The Creator is the User or Group that created the UGC being sold.
        • Seller: The Seller is (i) the Creator (if the item is sold in the Creator’s Storefront); or (ii) another Creator on the Services (if the item is sold in another Creator’s Storefront);
        • Platform: The Platform is always Faraway.

      2. Changes to 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.


      3. Creator Responsibility for Sales on Services.

        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.


    2. Disclaimer.

      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.


  5. Restrictions on Use.


    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.


  6. Disputes.


    1. Between Creators and Faraway.

      Disputes between Creators and Faraway shall be handled according to Section 11 of the User Terms.


    2. Between Creators and Users or Between Creators.

      1. Issues with UGC.

        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.


      2. Return of FIAT or digital currency.

        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.


      3. Disputes With Creators or Users.

        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.


      4. Escalation to Faraway.

        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.


  7. Representations & Warranties.


    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.


  8. Indemnification.


    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.


  9. Limitation of Liability.


    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.


  10. Privacy.


    1. Your Data.

      Data that you as a Creator provide to Faraway through the Services is subject to the Faraway Privacy Policy, incorporated by reference herein. Additionally, depending on which tools or software you use on the Services to create UGC, you may be subject to Additional Terms.


    2. User Personal Information.

      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.


    3. California Consumer Privacy Act.

      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.


  11. Miscellaneous.


    1. As Is.

      The Services are provided “AS IS” and Section 13 of the User Terms is incorporated herein by reference.


    2. Survival.

      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’re always learning, so as our community evolves and our platform grows, these Standards may change too. When they do, we’ll let you know here. If you see something that you think violates the Community Standards, or otherwise makes you feel unsafe, please let us know by using the Report Abuse feature. For more information about the legal terms that govern your use of Faraway products, head over to our Terms of Use.

Safety


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:


Child Endangerment


Faraway has a zero-tolerance policy for endangering minors, including:


  • Any predatory behavior, including attempting to befriend a minor in order to manipulate and exploit them (i.e., grooming)
  • Sexualizing minors in any way
  • Engaging in sexual conversation with or soliciting sexual material from minors
  • Sharing, requesting, or discussing child sexual exploitation material

Terrorism and Violent Extremism


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:


  • Depictions of or support for terrorist or extremist attacks
  • Depictions of or support for the leaders or representatives of terrorist or extremist organizations
  • Sharing the slogans, images, flags, manifestos, or icons of terrorist or extremist organizations, either in whole or in readily identifiable part
  • References to the ideologies, messages, or strategies of terrorist and extremist organizations
  • Expressing support, condoning, or glorifying terrorist extremist ideologies or actions
  • Recruiting membership for a terrorist or extremist organization, or encouraging others to leave Faraway products to find such information
  • Fundraising for terrorist or extremist organizations, people, or supporting groups
  • Expressing support, condoning, or glorifying mass shootings and other acts of domestic terrorism or violent extremism

Threats, Bullying, and Harassment


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:


  • Threatening physical or sexual assault or violence
  • Threatening to harm someone in real life
  • Threatening to reveal others’ personal information
  • Threatening to take over another’s Faraway account or to file false abuse reports against another user
  • Singling out a user or group for ridicule or abuse, either publicly or privately
  • Sexual harassment
  • Impersonating individuals, groups, or entities, in ways that may damage their reputation or cause others to harm them, either online or in real life

Suicide, Self Injury, and Harmful Behavior


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:


  • Describing methods for suicide or self-harm
  • Content that glorifies, supports, or depicts instances or methods of suicide or self-harm
  • Dangerous physical challenges or stunts in the real world

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.


Discrimination, Slurs, and Hate Speech


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:


  • Age
  • Race, perceived race, or ethnicity
  • National origin
  • Sexual orientation
  • Gender, gender identity, or gender expression
  • Religion or religious affiliation or beliefs
  • Disability status including diseases, bodily conditions, disfigurement, mobility issues, and mental impairment
  • Physical or mental disability status
  • Veteran status
  • Caste
  • Familial status

Harmful Off-Platform Speech or Behavior


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:


  • Are associated with organized crime, terrorist or extremist organizations, or hate groups
  • Harass, bully, discriminate, or harm others outside of Faraway products
  • Share others’ personal information off-platform, including making false reports to authorities
  • Have been convicted of certain egregious crimes, engage in certain illegal activities, or encourage others to do so

Civility


Civility is at the core of the Faraway community. To promote our civil environment, Faraway prohibits certain types of content, including:


Real-World Sensitive Events

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:


  • Mass acts of violence against people or property
  • Specific, real-world, natural disaster events
  • Human or civil rights violations

Violent Content and Gore


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:

  • Animal abuse and torture
  • Realistic or real-world depictions of extreme gore, graphic violence, or death

Romantic and Sexual Content


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:


  • Romantic or flirtatious gestures or communication between users in a romantic context
  • Pursuing or soliciting romantic relationships online
  • Engaging in unwanted flirtatious behavior
  • Engaging in sexually explicit conversations or soliciting sexual material from other Faraway users
  • Content that depicts, strongly suggests, or explicitly describes sexual acts
  • Nudity
  • Sexually suggestive avatar bodies and clothing items

Illegal and Regulated Goods and Activities


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:


  • Illegal and regulated drugs, including marijuana and the misuse of prescription or over the counter drugs
  • Drug, tobacco, vaping, or other smoking paraphernalia
  • Dietary supplements and enhancers such as weight loss pills and steroids
  • Depictions of intoxicated behavior associated with consuming alcohol or drugs
  • Bomb/explosive and weapon-making instructions or schematics in the real world
  • Sweepstakes-style games

If you or someone you know is struggling with substance abuse, help is available. You can start here.


Profanity


To keep Faraway products safe and civil for everyone, we don’t allow swearing in any language text, images, or uploaded audio, including:


  • Using misspellings, special characters, or other methods to evade detection of profanity
  • Quoting or using audio containing profane lyrics

Political Content


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:


  • Current candidates running for public office, including their slogans, campaign material, rallies, or events
  • Political parties, including official party-affiliated organizations
  • Specific races for elected office
  • Sitting real-world elected officials
  • Recent, previously-elected, officials in their official capacity
  • Individuals who have previously run for political office in their capacity as candidate
  • Desecration of political entity symbols, including flag burning
  • Inflammatory content related to real world border, territorial, or jurisdictional relationships

Integrity


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:


Cheating and Scams


We don’t permit users to deploy or discuss deceptive schemes or methods of cheating on our platform, including:


  • Using exploits to gain an unfair advantage anywhere on the platform
  • Sharing exploits with others or encouraging others to cheat
  • Selling items with misleading or inaccurate descriptions
  • Misrepresenting your real or virtual world identity in an effort to mislead others
  • Attempting to access another user’s account without their authorization
  • Posting misleading links for the purpose of gaining unauthorized access to others’ accounts or information, either on Faraway products or elsewhere (i.e., phishing)

Spam


We prohibit disrupting or misleading others on the platform. This includes:


  • Deceptive, sensational, or otherwise misleading content or metadata used to inappropriately drive discoverability or engagement
  • Repetitive messaging to other users or uploads to Faraway systems

Intellectual Property Violations


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:

  • Using another artist’s media in your Virtual Content/UGC without their permission
  • Using a brand’s logo or designs for the content you create without their permission

Security


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.


For information about how Faraway handles your personal information, please visit the Privacy Policy.


To help maintain a safe metaverse, Faraway does not permit:


Sharing Personal Information


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:


  • Email address
  • Passwords or access tokens
  • Home address or physical location
  • Financial information including credit cards, wallets holding digital currency, and bank account details
  • Medical information
  • Telephone number
  • Internet Identifiers such as usernames and handles not linked to Faraway products
  • Unique Identifiers such as social security number
  • Images of themselves or other non-public figures
  • Real names except as permitted in display names for eligible users
  • Any personal identifiable information relating to minors including unauthorized images or voice and video recordings.

Directing Users Off-Platform


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:


  • Links that contain Faraway-inappropriate content
  • Partial links, filter-breaking, and permitted website links to non-permitted websites
  • Encouraging others to visit unpermitted external links

Note: For their privacy and safety, we prohibit users under age 13 from sharing links, regardless of API usage


Misusing Faraway Systems


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:


Evading Safety and Security Systems


  • Attempting to get prohibited content around our safety systems, including by hiding violative elements of assets
  • Opening new accounts for the purpose of evading an enforcement action taken against a previous account
  • Using VPNs to mask your location in order to gain unauthorized access to Faraway, including to a specific feature or account
  • Offering access to your Faraway account or soliciting access to another’s Faraway account for the purpose of evading enforcement action or safety systems

Disruptive Content and Behavior


  • Using bots that are programmed to run disruptive tasks
  • Uploading content that contains obfuscated code or hidden scripts that mislead end users or create disruptive experiences for them
  • Injecting background noise into underlying audio that makes the intended audio unintelligible
  • Injecting excessive loudness, screaming, or harsh noises that disrupts others’ experience through chat with voice
  • Falsely reporting other users or encouraging others to do so