SCULPTRVR, INC.

 

END USER LICENSE AGREEMENT

 

PLEASE READ THE FOLLOWING END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE INSTALLING SCULPTRVR (THE “GAME SOFTWARE”). BY INSTALLING, COPYING, AND/OR OTHERWISE USING THE GAME SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS SET FORTH BY SCULPTRVR, INC. AND ITS AFFILIATED COMPANIES (COLLECTIVELY, “SCULPTRVR”).

YOUR USE OF THE GAME SOFTWARE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE STEAM™ SUBSCRIBER AGREEMENT AND/OR ANY OTHER TERMS SET FORTH BY VALVE CORPORATION IN RELATION TO THE STEAM SERVICE.

IF YOU AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I ACCEPT” to install the Game Software and to indicate your acceptance of these terms and your understanding of the conditions of use of the Game Software.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, select “I DO NOT ACCEPT” and SculptrVR shall not grant to you the License (defined below) to the Game Software.

LIMITED USE LICENSE

The term “Game Software” includes the software included in or associated with this game, the associated media, any printed materials, manuals, any online or electronic documentation, and any and all copies of such software and materials. SculptrVR grants to you the non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the Game Software on one (1) personal device at any given time solely for your personal use (the “License”). All rights not specifically granted under this License are hereby reserved by SculptrVR and, as applicable, by its licensors. The Game Software is licensed to you, not sold. This License does not give you any title or ownership in the Game Software, and should not be construed as a sale or transfer of any intellectual property or other rights to the Game Software.

OWNERSHIP OF GAME SOFTWARE

You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with the Game Software and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game Software, and any related documentation) are owned by SculptrVR or its licensors.

The Game Software is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other laws. All rights are reserved worldwide. The Game Software contains certain materials licensed by SculptrVR from others, and SculptrVR and SculptrVR’s licensors may protect their rights in the event of any violation of this Agreement.

LICENSE CONDITIONS AND RESTRICTIONS

You agree to only use the Game Software, or any part of it, in a manner that is consistent with this License and you SHALL NOT:

  • without written permission from SculptrVR, use, advertise or exploit in any manner the Game Software or any of its parts commercially;
  • without a separate, additional license from SculptrVR, use the Game Software or permit the use of the Game Software, on more than one personal device at the same time;
  • make copies of the Game Software or any part thereof, except that you may make one (1) copy of the Game Software for backup or archival purposes, or make copies of the materials accompanying the Game Software for non-commercial backup and reference only;
  • sell, rent, lease, license, distribute, upload to any Internet server or web site, or otherwise transfer any portion of this Game Software or any copies without the express prior written consent of SculptrVR;
  • reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game Software, in whole or in part (except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights and morale rights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of SculptrVR and/or its licensors on creation, in any event);
  • remove, disable or circumvent any security protections or any technical measures that control access to the Game Software;
  • remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Game Software;
  • export or re-export the Game Software or any copy or adaptation in violation of any applicable laws or regulations; or
  • create data or executable programs that mimic data or functionality in the Game Software.

 

HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS

 

Headset. Before you use or permit anyone else to use the Game Software or any headset in connection with the Game Software (“Use”), you agree to take the following steps:

 

  • Read and follow all setup and operating instructions provided with the headset.
  • Review the hardware and software recommendations for use of the headset.
  • Adjust the inter-pupillary distance (“IPD”) for each user before use of the headset to reduce the risk of discomfort.
  • Use the headset and only with an authorized device, accessory and/or software.
  • Do not use the headset when you are tired, in need of sleep, under the influence of alcohol or drugs, hung-over, under emotional stress or anxiety, or suffering from cold, flu, digestive problems, headaches, migraines, or earaches, as this can increase your susceptibility to adverse symptoms.
  • See a doctor before Use if you are pregnant or elderly, have a pre-existing binocular vision abnormality or psychiatric disorder, suffer from a heart condition or other serious medical condition.
  • See a doctor before Use if you have had a seizure, loss of awareness, or other symptom linked to an epileptic condition.
  • Ease into Use to allow your body to adjust (i.e., for only a few minutes at a time at first and gradually increase as you grow accustomed to virtual reality).
  • Take at least a 10-minute break every 30 minutes during Use, or more frequent and longer breaks if you feel discomfort.
  • Do not use the headset while in a moving vehicle such as a car, bus, or train, as this can increase your susceptibility to adverse symptoms.
  • Do not use the headset with the sound at a high volume, so that you can maintain your awareness of your surroundings and reduce the risk of hearing damage. Listening to sound at high volumes can cause irreparable damage to your hearing.
  • Do not use the headset or any associated sensor or remote if any such device is broken or damaged. Repairs should only be made by an authorized servicer.

 

Child Use. The Game Software should not be used by children under the age of 13, particularly because the headset is unlikely to be sized for children under the age of 13 and improper sizing can lead to discomfort or health effects, and younger children are in a critical period in visual development. Adults should make sure children (age 13 and older) use the headset and Game Software in accordance with this Agreement. Adults should closely monitor children (age 13 and older) during and after Use. Adults should limit the time such children spend and ensure they take breaks during Use. Prolonged Use should be avoided, as this could negatively impact hand-eye coordination, balance, and multi-tasking ability.

 

Seizure. Some people have severe dizziness, seizures, eye or muscle twitching or blackouts triggered by light flashes or patterns, and this may occur while they are watching TV, playing video games, or experiencing virtual reality, even if they have never had a seizure or blackout before or have no history of seizures or epilepsy. Anyone who experiences any of these symptoms should discontinue Use and see a doctor.

 

Medical Devices. The headset, associated sensor, and/or remote may contain magnets or components that emit radio waves, which could affect the operation of nearby electronics, including cardiac pacemakers, hearing aids and defibrillators. If you have a pacemaker or other implanted medical device, do not use the headset without first consulting your doctor and/or the manufacturer of your medical device. Maintain a safe distance between the headset and your medical devices, and stop Use if you observe an interference with your medical device.

 

General Precautions. You hereby agree to observe the following precautions:

 

  • Use only in a safe environment: The Game Software and headset produce an immersive virtual reality experience that distracts you from and completely blocks your view of your actual surroundings.
  • Always be aware of your surroundings before and during Use.
  • Remember that the objects you see in the virtual environment do not exist in the real environment, so don’t sit or stand on them or use them for support.
  • Clear the surrounding area before Use, as serious injuries can occur from tripping, running into or striking walls, furniture, or other objects.
  • Take special care before and during Use to ensure that you are not near other people, pets, stairs, balconies, open doorways, windows, furniture, open flames, ceiling fans, light fixtures, or other items that you can bump into or knock down during or immediately after Use.
  • Remove any tripping hazards from the area before Use.
  • Do not handle sharp or otherwise dangerous items during Use.
  • Make sure the headset is level and secured comfortably on you head, and that you see a single clear image.
  • Make sure the headset and any sensor cables are not choking or tripping hazards.
  • Discontinue Use if you feel symptoms such as tingling, numbness, burning, itchiness, stiffness, or skin irritation. See a doctor if any of the above symptoms continue after Use.
  • Immediately discontinue Use if you experience any of the following symptoms: seizures; loss of awareness; eye strain; eye or muscle twitching; involuntary movements; altered, blurred, or double vision or other visual abnormalities; dizziness; disorientation; impaired balance; impaired hand-eye coordination; excessive sweating; increased salivation; nausea; lightheadedness; discomfort or pain in the head or eyes; drowsiness; fatigue; or any symptoms similar to motion sickness. If you experience any of the above symptoms, do not drive, operate machinery, or engage in any other visually or physically demanding activities until you have fully recovered from any symptoms. See a doctor if you have serious and/or persistent symptoms.

USER CONTENT

 

The Game Software may include interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. By submitting User Content through the Game Software, you grant SculptrVR a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free and fully sublicensable right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Game Software. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.

 

You are solely responsible for the User Content you make available through the Game Software and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to SculptrVR the rights specified in this section; and (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations.

 

SculptrVR does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. SculptrVR has no responsibility or liability for User Content made available through the Game Software, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.

 

FEEDBACK

 

Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about SculptrVR and our Game Software to us (collectively, “Feedback”). You agree that SculptrVR shall be able to use the Feedback in any way it may choose without any obligation to you.

 

ACCEPTABLE USE
By accessing or using the Game Software, you agree that you will not:

 

  • Access or use the Game Software in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Game Software, including, but not limited to, defamatory, harassing, predatory, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content;
  • Damage, disable, overburden or impair the functionality of the Game Software in any manner;
  • Promote or advertise products or services other than your own without appropriate authorization;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Access or use the Game Software for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates this Agreement, or any other terms or policies provided in connection with the Game Software;
  • Use or attempt to use another user’s account without authorization from such user; or
  • Infringe upon or violate the rights of SculptrVR, our users or any third party.

 

USER COMMUNICATIONS

 

SculptrVR may make email, messaging, blogging, or chat (collectively, “Communication Software”) available through the Game Software, either directly or through a third-party provider. SculptrVR is not responsible for communications made by other users via the Communication Software. We are not responsible for communications made by you via the Communication Software. You acknowledge and agree that your communications made via the Communication Software are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Software. You acknowledge and agree that personal information that you communicate via the Communication Software may be seen and used by others and may result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Software unless you wish such information to be made permanently available to the public.

 

GAME SOFTWARE UPDATES AND PATCHES

SculptrVR may provide updates, patches and other modifications to the Game Software that must be installed for the user to continue to play the game properly or at all. SculptrVR may update, patch or modify the Game Software remotely and access the Game Software residing on your personal device for such purpose, and you hereby grant to SculptrVR the right to deploy and apply such patches, updates and modifications. All provisions of this Agreement that refer to the “Game Software” shall also include all such patches, updates and modifications.

DISCLAIMER OF WARRANTIES

OTHER THAN EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GAME SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY SCULPTRVR OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. You are aware and agree that use of the Game Software is at your sole risk.

Some states and jurisdictions do not allow the exclusion of, or limitations on, limited or implied warranties, and in such states and jurisdictions, SculptrVR’s and its licensors’ liability shall be limited to the maximum extent permitted by law. You may have other rights that vary from state-to-state or from jurisdiction-to-jurisdiction.
LIMITATIONS ON DAMAGES

IN NO EVENT SHALL SCULPTRVR OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE OR ASSOCIATED HEADSET, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE GAME SOFTWARE, OR PERSONAL INJURIES, EVEN IF SCULPTRVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FURTHERMORE, IN NO EVENT SHALL SCULPTRVR OR ITS LICENSORS BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES OR ANY OTHER TERMS OF THIS AGREEMENT. SCULPTRVR’S TOTAL LIABILITY IN ALL CASES SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME SOFTWARE. THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TERM AND TERMINATION

Without prejudice to any other rights of SculptrVR, the License shall remain in effect for as long as you use, operate or run the Game Software. The License shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game Software. You may also terminate the License at any time by uninstalling the Game Software from your personal device. The Sections entitled “Ownership,” “License Conditions and Restrictions,” “Limitations on Damages,” “Term and Termination,” “Injunction,” “Indemnity,” “Choice of Law and Jurisdiction,” and “Miscellaneous” shall survive any termination of this License.

INJUNCTION

Because SculptrVR would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that SculptrVR shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

INDEMNITY

You agree to indemnify, defend and hold harmless SculptrVR, its partners, affiliates, contractors, licensors, officers, directors, employees and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions in connection with using the Game Software or any breach by you of the terms of this Agreement.
RESOLVING DISPUTES
Customer service is a priority, but if there’s an issue that needs to be resolved, this section outlines what is expected of both of us.

 

Initial Informal Dispute Resolution. Before filing a claim against SculptrVR, you agree to try to resolve the dispute informally by contacting us via email at info@sculptrvr.com. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or SculptrVR may bring a formal proceeding.

 

Arbitration Agreement. You and SculptrVR agree to resolve any claims relating to this Agreement, whether or not such claims involve a third party, through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This arbitration agreement will survive the termination of your relationship with SculptrVR.

 

Arbitration Notification. If either of us intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to SculptrVR should be sent to us via email to info@sculptrvr.com, with a duplicate copy sent via registered mail, return receipt requested, to the mailing address specified on our website. The notice must describe the nature and basis of the claim and the relief being sought.

 

Arbitration Procedures. You may bring claims only on your own behalf. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Mateo California, or any other location we agree to.  In the event that the American Arbitration Association is unwilling or unable to set a hearing date within one (1) year of filing the case, then either SculptrVR or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.  Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.

 

Arbitration Fees. The AAA rules will govern payment of all arbitration fees.

 

Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Game Software, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You may opt out of this agreement to arbitrate, but to opt out, you must notify SculptrVR in writing within 30 days of the date that you first became subject to this arbitration provision. You must provide notice to us via email to info@sculptrvr.com, with a duplicate copy sent via registered mail, return receipt requested, to the mailing address specified on our website. You must include your name and address, the primary contact and account administrator’s name and address, and a clear statement that you want to opt out of this arbitration agreement. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND SCULPTRVR AGREE THAT THERE WILL NOT BE A JURY TRIAL. You and SculptrVR unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this agreement in any way.

 

Prohibition of Class Arbitrations. YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This agreement does not allow class or collective arbitrations even if the AAA procedures or rules would allow them. Notwithstanding any other provision of this agreement, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. If for any reason the prohibition of class arbitrations set forth above cannot be enforced, then the agreement to arbitrate will not apply.

 

Judicial Forum for Disputes. IN THE EVENT THE AGREEMENT TO ARBITRATE IS FOUND NOT TO APPLY TO YOU OR YOUR CLAIM, YOU AND SCULPTRVR AGREE THAT ANY JUDICIAL PROCEEDING RELATING TO THESE TERMS OR THE GAME SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN MATEO COUNTY, CALIFORNIA. BOTH YOU AND SCULPTRVR CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

 

CHOICE OF LAW AND JURISDICTION
This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Game Software shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Mateo County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
AMENDMENTS

SculptrVR reserves the right to amend this Agreement at any time, at its sole discretion, but will post such changes on the SculptrVR website and/or will communicate such changes through the Steam service. If we make changes to this Agreement, we will provide notice of such changes by updating the “Last Updated” date below. If any such future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with the above Termination provisions. Your installation and use of any updates or modifications to the Game Software or your continued use of the Game Software following notice of changes to this Agreement will constitute your acceptance of any and all such changes to the terms of this Agreement.

MISCELLANEOUS

This Agreement represents the complete agreement between you and SculptrVR concerning the License and your rights to use the Game Software, and supersedes all prior agreements and representations, warranties or understandings between you and SculptrVR, regarding the same subject matter. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

If you have any questions concerning this Agreement or the License, you may contact us at info@sculptrvr.com.

 

Last updated: June 20, 2016.