Effective June 15, 2021
Children are not allowed to use the Services. A “Child” is a person (a) under 13 years old (for residents of the United States); and (b) under 16 years old or such age needed to consent to the processing of personal information in their country of residence (for residents of the EU).
5. Changes to the Websites and Unavailability of the Websites
We reserve the right to withdraw or amend the Websites in our sole discretion without notice. The Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.
6. Intellectual Property Rights
All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, or underlying the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7. Limited License to Use the Services
You may elect to informally provide us with Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to, any and all Feedback and that the Company will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to the Company regarding the Services, including the Games, or any suggested improvements.
All names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
11. User Content
“User Content” means any content that a user of the Services with an account submits, transfers, or otherwise provides to or makes available through the Services, including all creative expressions such as text, photographs, graphics, images, illustrations, animations, logos, music, software, audio, video, and works of authorship of any kind.
When you submit, transfer, or otherwise make available User Content to us through the Services, you grant us and our affiliates and service providers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works of such User Content. The foregoing license is for the limited purposes of allowing us to operate the Services, improve and promote the Services, and develop new Services. The Company will not compensate you with respect to the use of any User Content.
Any User Content that you share on the Services will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content. You understand and acknowledge that you are solely responsible for your User Content, and you, not the Company, has full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the completeness or accuracy of any User Content shared by you or any other user of the Services. You represent and warrant that:
b. neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services, even upon termination, discontinuation, or cancellation of your access to the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
12. Prohibited Uses
a. use the Services to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
b. disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;
c. engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by us, may harm the Company;
d. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
e. use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
f. use any device, software, or routine that interferes with the proper working of the Services;
g. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
h. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;
i. attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
j. otherwise attempt to interfere with the proper working of the Services; and
k. encourage or enable any other person to do any of the foregoing.
13. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services, and all statements or opinions expressed in User Content are solely the opinions and the responsibility of the user providing that User Content and do not necessarily reflect the opinion of the Company. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials, including User Content by you, any other user of the Services, or by anyone who may be informed of any of the contents of the Services.
14. Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
15. Links from the Websites
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Health and Safety Precautions
The below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and safety risks not contained herein. The Company is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you and people or objects in or around the play area during your use of the Game.
Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: convulsions, eye or muscle twitching, loss of consciousness or awareness, altered vision, involuntary movements, or disorientation. The Company is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
Motion Sickness. Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, earaches, or other health issues which may increase your susceptibility to adverse symptoms.
Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin, or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation, or eyestrain:
a. avoid excessive play;
b. take a 10 to 15 minute break every 30 minutes while playing the Game;
c. if your hands, wrists, arms, eyes, or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning, or stiffness, stop and rest for several hours before playing again; and
d. if you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to you playing the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines, or other illnesses.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of the Services, provisions relating to Intellectual Property Rights, Feedback, Trademarks, User Content, Copyright Infringement, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law and Jurisdiction will survive such termination, discontinuation, or cancellation.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE GAMES AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT (INCLUDING USER CONTENT), MATERIALS, AND PRODUCTS (INCLUDING THE GAMES AND SOFTWARE) OF THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Governing Law and Jurisdiction
22. Waiver and Severability
23. Entire Agreement
24. Your Comments and Concerns