END USER LICENSE AGREEMENT
Last Updated: February 14th, 2020
By installing, copying, or otherwise using a software product (a “Software Product”) developed by Lucid Dreams Productions, LLC (“Developer”, “we”, or “us”), you are accepting the terms of this End User License Agreement (this “EULA” or these “Terms”) in connection with that Software Product. We are delighted to provide you access to the Software Product you downloaded for your personal use. Before installing a Software Product, please make sure that your computer meets the minimum technical specifications for the proper operation of the Software Product.
The Oculus Terms of Service: https://www.oculus.com/legal/terms-of-service/;
The Steam Subscriber Agreement: http://store.steampowered.com/subscriber_agreement/;
The Google Terms of Service: https://www.google.com/intl/en/policies/terms/; and
The Samsung VR Terms of Service: https://samsungvr.com/portal/content/tos.
This EULA does not modify the applicable terms and conditions of using the Software Platform.
BY ACCEPTING THIS EULA, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THIS EULA IN ITS ENTIRETY.
THIS EULA CONTAINS IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE PRODUCT, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.
YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SOFTWARE PRODUCT WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THIS EULA. MAKE SURE TO REVIEW THIS EULA WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.
We reserve the right to change or modify this EULA on a going-forward basis at any time and in our sole discretion. If we make changes to this EULA, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you’ve provided, providing notice through the Software Product and/or updating the “Last Updated” date at the top of these Terms. Your continued use of the Software Product will confirm your acceptance of the revised EULA. If you do not agree to the revised EULA, you must stop using the Software Product. We encourage you to review this EULA from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Software Product.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
1.1 Software Product License. We hereby grant you a limited, non-exclusive, non-sublicensable license to access, install, and use the Software Product solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software, except as expressly permitted by Developer or as permitted under applicable law. Any unauthorized use of the Software Product is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
1.2 Third-Party Content. Your use of services, applications, or content provided by third parties made available through the Software Product (“Third Party Content”) may be subject to additional end user agreements. Developer has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Developer or the applicable Software Platform be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
If you are not presented with an end user license agreement when you acquire access to Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content (and not Developer or the Software Platform) is the licensor of such Third Party Content; (b) such party grants you a limited, nontransferable license to access and use the Third Party Content only for your personal and noncommercial purposes; and (c) you may not modify, reproduce, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.
1.3 Trial Access to Software Product. We may offer free trials or other limited versions of the Software Product so you can preview the Software Product before you purchase the full version. These versions may have limited features, restrict permitted time of use and contain other limitations.
1.4 Availability of Software Product after Purchase; Updates. The Software Product may rely on services provided by third parties for some or all of its functionality. The Software Product may not function properly or may become inoperable if these third parties discontinue their services.
1.5 Support. The Software Platform, and not Developer, will be responsible for all billing questions related to the purchase of the Software Product and for support with respect to the Software Platform. Developer, and the not the Software Platform, will be responsible for all support obligations relating to the Software Product, including but not limited to customer support, bug fixes, live operations support, and general technical support. Neither Developer nor the Software Platform is obligated to provide support for Third Party Content. You acknowledge that we are under no obligation to update or patch a Software Product.
1.6 Network Costs. You may be charged by your network provider for data services or any other third party charges as may arise while using the Software Product, and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
2.1 Purchasing Software Product from Software Platform. If the Software Product is a paid product, the license granted to you under this EULA is conditioned upon your valid purchase of the Software Product pursuant to the applicable Software Platform terms and conditions of purchase.
2.2 Content Transactions. You may have the ability to purchase digital content through the Software Product. You also may have the ability to purchase additional or enhanced functionality or media content within a Software Product (collectively, “In-App Purchases”). Any content developed by us that we provide through In-App Purchases is subject to the licenses, terms, and conditions stated in this EULA. Except as described in these Terms, we have no responsibility for any transactions you enter into with a third party for Third Party Content and assume no liability for Third Party Content.
2.3 Virtual Items. Your purchase of a virtual item or in-game currency within the Software Product is a payment for a limited, non-assignable license to access and use such content or functionality in the Software Product. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Software Product can only be used in connection with the Software Product where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Software Product for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
3. Acceptable Use
By accessing or using the Software Product, you agree that you will not: (a) access or use the Software Product in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Software Product, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the Software Product in any manner; (c) access or use the Software Product for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, community standards or any other terms or policies provided in connection with the Software Product; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Software Product; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Software Product or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Software Product, or third parties; and (h) infringe upon or violate the rights of Developer, our users, or any third party. Notwithstanding the foregoing, we reserve the right to revoke or reduce your access to any multiplayer functionality in our Software Products at any time, with or without cause.
Our Software Product 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 Software Product, you grant Developer a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Software Product. 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 Software Product 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 Developer 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.
Developer does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Developer has no responsibility or liability for User Content made available through the Software Product, 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.
Unless otherwise indicated, the Software Product is the property of Developer or its licensors and is protected by copyright, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Software Product.
“Lucid Dreams Productions” and the Lucid Dreams Productions logo (the “Developer Marks“) are trademarks or registered trademarks of Lucid Dreams Productions, LLC. The Developer Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission, including as authorized by any applicable brand guidelines. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about Developer and our Software Products (collectively, “Feedback”). You agree that Developer and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Software Product and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Please see 17 U.S.C. §512(c)(3) (available at http://www.copyright.gov/title17/92chap5.html#512) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
15.1 WE MAY PROVIDE HEALTH AND SAFETY WARNINGS IN CONNECTION WITH A SOFTWARE PRODUCT. YOU REPRESENT AND WARRANT THAT YOU WILL READ ALL HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS WE PROVIDE BEFORE USING THE SOFTWARE PRODUCT.
15.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. AS BETWEEN YOU AND DEVELOPER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DEVELOPER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DEVELOPER DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY DEVELOPER WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Developer and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Developer Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Software Product; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Developer, the Software Platform, or a third party in relation to the Software Product, (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
THE DEVELOPER PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF A DEVELOPER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DEVELOPER PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE OUR SOFTWARE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH DEVELOPER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DEVELOPER (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
12.1 Binding Arbitration; Disputes; Small Claims. You and Developer agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in Los Angeles County, California. “Dispute” as used in this Section 12 means any dispute, cause of action, claim, or controversy arising out of or in any way related to Developer, these Terms, the subject matter of these Terms, or access to and use of the Software Product, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of Third Party Content), except any dispute, cause of action, claim, or controversy relating to Developer’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and Developer empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
12.2 No Class Arbitrations, Class Actions or Representative Actions. You and Developer agree that any Dispute is personal to you and Developer, and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor Developer agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
12.3 Federal Arbitration Act. You and Developer agree that these Terms affect interstate commerce and that the enforceability of this Section 12 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.
12.4 Confidentiality. The arbitrator, Developer, and you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
12.5 Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against Developer, you agree to first contact Developer and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Developer. The Notice to Developer must be sent by certified mail addressed to: 1800 N NEW HAMPSHIRE AVE #404 LOS ANGELES, CA 90027. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and Developer cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may, as appropriate in accordance with this Section 12, commence an arbitration proceeding or file a claim in court. You and Developer agree that any Dispute must be commenced or filed within one (1) year after such claim arose; otherwise, the Dispute is permanently barred.
In the event that you and Developer cannot resolve a Dispute and you do not pursue your claims through small claims court, you or Developer shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association (“AAA”). In the event AAA declines or is unable to administer the arbitration, you and Developer agree to use an arbitration forum or arbitrator that you and Developer mutually agree upon. If, after making a reasonable effort, you and Developer are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules and other information about AAA and arbitration are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into these Terms, you either (1) acknowledge that you have read and understand the AAA Rules or (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and Developer agree that these Terms govern the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time.
As limited by the FAA, these Terms, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms (as stated above). The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, you and Developer will equally share in all filing, AAA, and arbitrator’s fees and expenses.
12.6 Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor Developer can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision, and must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: 1800 N NEW HAMPSHIRE AVE #404 LOS ANGELES, CA 90027
Unless you choose to opt out, this dispute resolution provision in Section 12 shall survive termination of these Terms.
13.1 Developer is based in the United States and our Software Products are subject to U.S. law. We make no representations or warranties that the Software Product is appropriate or available for use in other locations.
13.2 The laws of the State of California, excluding its conflicts of law rules, govern your access to and use of the Software Product. Your access to and use of the Software Product may also be subject to other local, state, national or international laws.
13.3 To the extent the provisions in Section 12 do not apply, you further agree that all disputes, causes of action, claims, or controversies arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the state and federal courts located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims.
Developer reserves the right to change, suspend, remove, discontinue or disable access to the Software Product or particular portions thereof, at any time and without notice. In no event will Developer be liable for the removal of or disabling of access to any portion or feature of the Software Product.
We reserve the right to terminate your right to access and use the Software Product if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Developer, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Any failure by Developer to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.