TERMS OF SERVICE AND PRIVACY POLICY
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT. BY
AQCUIRING OUR SOFTWARE, USING ANY ONLINE OR MOBILE PRODUCTS AND SERVICES,
YOU AGREE TO OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS HEREIN,
PLEASE DO NOT PLAY WITH OUR SOFTWARE, USE OUR SITES OR ANY SERVICES PROVIDED
BY THEM IN CONNECTION TO THE SOFTWARE.
These Terms of Service
(“Terms”) govern and apply to your use of our
virtual reality games and any other services and applications provided by
us
(our
Services”) including, not limited to, the titles PIXEL RIPPED
1989, PIXEL RIPPED
1995 and any sequel or prequel produced thereafter
concerning the Pixel Ripped series or other franchise owned or licensed by
us(the “Software”). If you comply with these Terms, you have the right to
use our Services for your own personal noncommercial use. This license is
for the sole purpose of enabling you to use and enjoy our Services and
Software, under these Terms.
ARVORE IMMERSIVE GAMES INC., owner of all the copyrights regarding the
Software, in its sole discretion, may modify these Terms at any time. You
are responsible for reading these Terms each time you use our Sites. By
using the Software, you agree to be bound by all Terms hereunder.
When you download our Software from any app store or distribution platform
you acknowledge and agree that you must also comply with all applicable
third-party terms of service and privacy policies when using our Software
or Services.
Acceptance of Terms of Service. ARVORE IMMERSIVE GAMES INC. (also known as
ARVORE”,
We” or
Us”) owns, operates and maintains the Software’s
website, including, without limitation, all sub-pages, mobile application,
game, and widgets (the “Sites”). In addition, if you use or purchase any
other product or service through the Sites, you also will be subject to
any terms and conditions applicable to that product and service. If you do
not agree with these Terms, you immediately should stop using our Services.
We reserve the right, at any time and from time to time, to modify or
discontinue the Service or terminate your access to the Service with or
without notice, charge fees in connection with the use of the Service,
modify or waive any fees charged in connection with the Service, and offer
opportunities to some or all users of the Service. You agree that we will
not be liable to you for any modification or discontinuation of the Service
or termination of your access to the Service, in whole or in part, or of
any product or Service, content or feature offered through the Service.
Your continued use of the Service after such changes will indicate your
acceptance of the changes.
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Considering the contractual nature of this Terms, the Service herein is
available only to people who are of legal age and, in no event, may the
Service be used by a person under the age of 13 without consent from the
respective parents or legal guardian. The Service is owned, operated and
maintained by ARVORE and ARVORE does not represent or warrant that the
Service is appropriate or available for use in any particular jurisdiction.
Once you agree to this Terms you choose to access, view or use the Service
on your own initiative and at your own risk, and you are responsible for
complying with all local laws, rules and regulations.
Solely as a convenience to users, ARVORE may provide links on the Services
to other websites owned by third parties. Unless otherwise expressly
stated, ARVORE does not endorse or control these third-party websites and
assumes no responsibility for them or the content contained therein.
Software License. The Website, Software, the Services and the information
and content available therein
(collectively, our
Properties”) are
protected by copyright laws throughout the world. Subject to your
agreement, and continuing compliance with these Terms, and any other
relevant policies, ARVORE grants you a personal, non-exclusive, non-
transferable, non-sublicensable, revocable limited license subject to the
limitations below to download, install and use a copy of the Software on
a single device that you own or control and to run such copy of the Software
solely for your own individual, non-commercial, entertainment purposes
only. You agree not to use the Service for any other purpose. You may not
sell, copy, exchange, transfer, assign or otherwise distribute anything
you copy, create, buy or derive from the Software, unless you are expressly
permitted by ARVORE. The limited license as provided herein does not grant
any rights to display or provide the Software in public for commercial and
non-commercial uses, including but not limited to, public spaces, arcades
or public exhibitions without the formal and express consent of ARVORE.
Intellectual Property. You agree that ARVORE and its suppliers own all
rights, title and interest in our Properties (including but not limited
to, any games, titles, computer code, themes, objects, characters,
character names, stories, dialogue, concepts, artwork, animations, sounds,
musical compositions, audiovisual effects, methods of operation, moral
rights, documentation, in-game chat transcripts, character profile
information). You will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated
in or accompanying the Software. ARVORE and PIXEL RIPPED name, stylized
title, and other related graphics, logos, service marks and trade names
used on or in connection with our Properties or in connection with the
Software are the trademarks of ARVORE and may not be used without permission
in connection with any third-party products or services. Other trademarks,
service marks and trade names that may appear on or in our Properties are
the property of their respective owners.
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This provision shall apply to recordings of games, screen recordings, live
performance, including but not limited to any kind of live streaming or
recorded streaming platforms existent or that shall be invented. Any use
of the Software not provided by the Fair Use doctrine that violates or in
any matter cause any harm to our Properties shall subject the infringing
party to any remedies provided by law, including indemnifications and take
down orders for the violating content.
Necessary Equipment. The Software require certain equipment to be executed.
You acknowledge that you shall be responsible for any charges, e.g.:
internet access. Certain hardware may also be required to access certain
features and functionality of the Software. You are solely responsible for
obtaining all hardware necessary to use the Software.
Ownership. Our Software is protected by copyright, trademark, and other
laws of Brazil and the U.S.A. Except as expressly provided in these Terms,
we (or our licensors) exclusively own all Intellectual Property rights to
the Software, including title, drawings, dialogues, trademarks, characters
all and any components of the Software. You may not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights
notices incorporated in or accompanying the Software. If you provide any
suggestions, ideas, feedback, or recommendations to us regarding our
Software, you give us a worldwide, perpetual, irrevocable, fully-paid and
royalty-free license to use and exploit that feedback for any purpose and
without any obligation to you.
Liability and Third-Party Devices. We do not hold any responsibility for
any errors or omissions in any data or information contained on the Service,
including, without limitation, any data or information provided by you or
that is contributed by third parties, such as independent video game
developers or other users. while we attempt to make your access and use of
the Service safe, we do not represent or warrant that the Service or its
servers or any data or information are free of viruses or other damaging
components.
You may notice that our Software is designed to provide additional
functionality
with
certain
third-party
virtual
reality
devices
(“Devices”), therefore you should carefully review the terms and conditions
and all setup and operating instructions for such Devices. Considering
the above, we’re not responsible or liable in any way for any personal
injury, property damage, or any other issue you may have resulting from
your use of a Device.
Privacy Policy. We will only collect information we need to fulfill your
requests and our legitimate business objectives. We will never share your
personal information with third parties that are not bound by our Privacy
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Policy unless you tell us otherwise, and we will never send you marketing
communications without your consent.
BY PLAYING OUR SOFTWARE YOU AGREE TO OUR ONLINE PRIVACY POLICY AND
PROCESSING OF YOUR DATA IN ACCORDANCE WITH SUCH POLICY. IF YOU DO NOT AGREE
TO THIS PRIVACY POLICY, PLEASE DO NOT PLAY THE SOFTWARE OR USE ANY SERVICES
PROVIDED BY US.
We reserve the right to modify this Privacy Policy at any time, so please
review it frequently. You should consult our Sites regularly to acknowledge
such revisions. Revisions to terms affecting existing Services shall be
effective immediately after disclosure in our Sites.
Regarding the information you give us directly and we collect when you
play our Software:
(a) User-provided Information. Especially when you register for an
account, make any purchase or interact, you may provide personal
information, which includes name, date of birth, email address,
mailing address, telephone number, geographic area, credit card
or other billing information and security questions and answers.
Notice that any information that you voluntarily choose to include
in a publicly accessible area of our Sites, platform or the
Software, will be available to anyone who has access to that
content, including other users in some situations.
So we are clear on the terminology used herein, by the phrase
user-provided information we mean information that allows someone
to identify or contact you, including, for example, your name,
address, e-mail address, phone number, as well as any other non-
public information about you that is associated with or linked to
any of the foregoing information. When we use the phrase anonymous
information in our Privacy Policy, we mean information that is not
associated with or linked to your personal information. Anonymous
Information does not enable identification of or contact with
individual persons.
(b)
“Cookies” Information. We may send one or more cookies
- small
text files containing a string of alphanumeric characters
- to
your device. We may use both session cookies and persistent
cookies. A session cookie disappears after you close your browser.
A persistent cookie remains after you close your browser and may
be used by your browser on subsequent visits to our Services.
Please note that if you delete, or choose not to accept, cookies
from our Services, you may not be able to utilize the features of
our Services to their fullest potential.
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(c)
“Automatically Collected” Information. We may automatically record
certain information from your device by using various types of
technology, including “clear gifs” or “web beacons”. We may also
collect data from you using the third parties’ APIs. This
“automatically collected” information may include your IP address
or other device address or ID, web browser and/or device type, the
web pages or sites that you visit just before or just after you
use our Services, the pages or other content you view or otherwise
interact with on our Services, the dates and times that you visit,
access, or use our Services, and other information regarding your
performance in and use of our Services. We also may use these
technologies to collect information regarding your interaction
with messages, such as whether you opened, clicked on, or forwarded
a message. This information is gathered from all users. We may
also use third party tracking data analytics services; for example,
to help us analyze how users use our Services. These services
collect information, such as how and often and what features of
our Services they use. We use and may share this information with
our service providers to provide and improve our Services to
potentially create new services.
(d)
Game Analytics Information. We collect anonymous game analytics
when you play the Software.
All information collected in such
manner shall be anonymized to protect your privacy. We shall use
this anonymous information for internal use only, to provide a
better user experience, enhance the overall quality of the Software
or any other use exclusively for the purposes provided herein. The
anonymous information collected in this manner shall include but
is not limited to, information about the virtual reality headset,
interactions with the Software, biofeedback and biometrics
information, geographic locations, date and time stamps, Internet
Protocol information, cookies, which may uniquely identify your
browser or device to us.
(e)
Third Party Web Beacons and Third-Party Buttons. We may also
implement third-party content or advertising on the Software that
may use clear gifs or other forms of web beacons, which allow the
third-party content provider to read and write cookies to your
browser in connection with your viewing of the third-party content
in the Software. Additionally, we may implement third party buttons
(such as Facebook “like” or “share” buttons) that may allow third
parties to collect information about you through such third
parties’ browser cookies, even when you do not interact with the
button. Information collected through web beacons and buttons is
collected directly by these third parties and, consequently, is
subject to that third party’s own data collection, use, and
disclosure policies.
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(f)
Integrated Services. You may in the future be given the option to
access or register for our Services through the use of your user
name and passwords for certain services provided by third parties
(each, an “Integrated Service”), such as through the use of your
Facebook credentials through Facebook Connect, or otherwise have
the option to authorize an Integrated Service to provide personal
information or other information to us. By authorizing us to
connect with an Integrated Service, you authorize us to access and
store your name, email address(es), date of birth, gender, current
city, profile picture URL, and other information that the
Integrated Service makes available to us, and to use and disclose
it in accordance with our Privacy Policy. You should check your
privacy settings on each Integrated Service to understand and
change the information sent to us through each Integrated Service.
Please review each Integrated Service’s terms of service and
privacy policies carefully before using their services and
connecting to our Software.
(g)
Children’s Privacy. We do not knowingly collect any personal
information from children under the age of 13, allow them to create
accounts, sign up for newsletters, make purchases, interact on the
chat or browse in our Services. ARVORE takes children’s privacy
seriously and encourages parents to play an active role in their
children’s online experience at all times. We urge parents to
instruct their children never to give out personal information
without parental consent.
(h)
How we use the information we collect. We use the information we
collect to enhance our Software, providing excellence and in a way
that suits you, whether you are just playing or by purchasing it.
The collected information can be also used to respond to your
requests and provide customer service, provide updates on the
Software and other news, promotions and events offered by ARVORE
and by third parties we work with, ask for your feedback and
opinions on our Services, and provide personalized services. Also,
we may use your personal information, such as your email address,
to contact you for administrative purposes, including customer
service, to address privacy violations or defamation issues,
eventual intellectual property infringement and as may otherwise
be described at the time that we collect such information from
you.
We use both your personal information and certain non-personal
site usage data to enhance the quality and design of our Services
and to create new features, promotions, relevant ads and services
by storing, tracking, and analyzing user preferences and trends.
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We may also combine the information you submit to us with
information we have collected from you in other forms, such as
through emails or offline, or with publicly available information
or information we obtain from third parties, such as our partners,
advertisers, and Integrated Services. If we combine or associate
information from other sources with personal information that we
collect herein, we will treat the combined information as personal
information in accordance with this Privacy Policy.
ARVORE also works with third party service providers to provide
website, game or application development, hosting, maintenance,
enhance, and other services for us. Notice that these third
parties, directly to the operators of such services and subject
to those operators’ policies, if any, governing privacy and
security, may have access to or process your information as part
of providing those services for us, limited to what is considerable
reasonably necessary for them to perform their functions and in
respect of the confidentiality of such information. Therefore,
some of our Services may contain features or links to websites and
services provided by these third parties, which we do not claim
any responsibility for its content or privacy and security
practices and policies. Notwithstanding, we encourage you to learn
about third parties’ privacy and security policies before
providing them with information.
When you provide us with personal information by entering in your
username, email addresses, or other personal information into our
Services you consent to our collecting, using, and sharing it in
accordance with this Privacy Policy. ARVORE allows you to control
the way we use personal information we might obtain from you. At
the time you provide it, we may give you the option to decline any
future offers or information about new products, promotions,
newsletter, services or mailings in general.
We may disclose your information if required to do so by law or
in the good-faith belief that such action is necessary to comply
with state and federal laws, from any country that the Software
is played, in response to a court order, judicial or other
government subpoena or warrant, to cooperate with law enforcement
or other governmental agencies, to take precautions against
liability, to protect ourselves or others from fraudulent,
abusive, or unlawful uses or activity, to investigate and defend
ourselves against any third-party claims or allegations, to
protect the security or integrity of the Software and any
facilities or equipment used to make it available, or to protect
our Properties or other legal rights (including, but not limited
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to, enforcement of our agreements), or the rights, property, or
safety of others.
Information about our users, including personal information, may
be disclosed and otherwise transferred to an acquirer, or successor
or assignee as part of any merger, acquisition, debt financing,
sale of assets, or similar transaction, as well as in the event
of an insolvency, bankruptcy, or receivership in which information
is transferred to one or more third parties as one of our business
assets. We also may disclose your information as may be described
in a notice to you at the time the information is collected, or
in any other manner to which you consent.
(i)
Data Security. In order to improve the integrity and security of
your personally identifiable information we use certain physical,
administrative, and technical safeguards. Nevertheless, we cannot
guarantee or warrant that such information you provide to us, and
you do so at your own risk, may not be accessed, disclosed,
altered, or destroyed by breach of any of our physical, technical,
or managerial safeguards. We may post a notice through our Sites
if we acknowledge any security breach and may attempt to notify
you electronically so that you can take appropriate protective
steps.
(j)
International Visitors. Even though our Services are hosted in the
United States and Brazil, it is planned and intended for global
territory so, in case you choose to use the Software from other
regions or countries with laws governing data collection and use
that may differ from those whom this policy has been written, then
please note that you are transferring your personal information
outside of those regions for storage and processing. Likewise, by
providing any information, including personal information, you
consent that we may transfer your data to other countries or
regions in connection with storage and processing of data,
fulfilling your requests, and playing the Software.
Unauthorized Activities. You are not allowed to do any of the following
while using or accessing the Software:
copy, edit, modify, distribute, sell, or lease any part of the
Software
(including any content in the Software), nor may you
decompile, disassemble, reverse engineer or attempt to extract the
source code of the Software;
make any Software (including any content in the Software) available
on any internet site, network or file-sharing service;
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use the Software for any commercial purpose or for the benefit of
any third party or in any manner not by these Terms;
develop or allow any malware, adware, spyware, Trojan Horses,
cancelbots, other automated bots, auto players, cheat utilities,
spoofers, keyloggers, or other circumvention devices to be present
on any machine used to access the Services; and/or to attempt to
upload/utilize such devices against the Services;
use vulgar, obscene, pornographic language or other behavior while
in the forums, chat rooms, or other public areas that will disrupt
the user experience in those areas of the site;
violate any applicable law or regulation; or
encourage or enable someone to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the
above, as well as to claim any losses and damages and involve and cooperate
with law enforcement authorities in prosecuting anyone who violates these
Terms.
Termination. You agree that if you breach any of the terms of these Terms,
your license to use of the Software will terminate automatically. We
reserve the right, in our sole discretion, to terminate or suspend the use
of the Software if we believe or have been notified by a third party of
its belief that, you may be infringing the rights of others, violating the
copyrights or trademarks of others or engaging in any inappropriate
behavior. We also reserve the right, in our sole discretion, to terminate
your access to all or part of the Service or to any product or service
available through the Service for any reason or no reason, with or without
notice. In the event of termination, you shall have limited access to any
online services regarding the Software.
By using the Software, you may view content that is provided by third
parties, which may be objectionable, offensive, or otherwise inappropriate.
We are not responsible for such content, nor will we be liable in any way
for any content made available via the Software.
You understand and agree that the Software is provided to you AS IS and on
an AS AVAILABLE basis.
Without limiting the foregoing, WE EXPLICITLY
DISCLAIM ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING
OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the
Software will meet your requirements or be available on an uninterrupted,
secure, or error-free basis.
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Health and Safety Warnings. In the event you use a virtual reality headset
in connection with the Software, please read the warnings in the below
carefully before using the headset or the Software to reduce the risk of
personal injury, discomfort or property damage. By using the Software, you
represent and warrant that you have read and understand these warnings and
instructions. We may update or revise these warnings and instructions, so
please review them periodically.
(a)
Before Using the headset. Review the hardware and software
recommendations for use of the headset. Your Headset and the
Software are not designed for use with any unauthorized device,
accessory and/or software. Use of an unauthorized device,
accessory and/or software may result in injury to you or others,
may cause performance issues or damage to your system and related
services. Before using the headset, please read and follow all
setup and operating instructions provided by the manufacturer of
the headset. People who are prone to motion sickness in the real
world may have a heightened risk of experiencing discomfort while
using a headset in connection with the application. Such
individuals should take extra care to read and following these
warnings carefully. ARVORE recommends seeing a doctor before using
the headset in connection with the Software if you are pregnant,
elderly, have pre-existing binocular vision abnormalities or
psychiatric disorders, or suffer from a heart condition or other
serious medical condition.
(b)
General Instructions and Precautions. USE ONLY IN A SAFE
ENVIRONMENT. The use of headsets distracts you from and completely
blocks your view of your actual surroundings. Always be aware of
your surroundings when using a headset and remain seated at all
times. Take special care to ensure that you are not near other
people, objects, stairs, balconies, windows, furniture, or other
items that you can bump into or knock down when using
- or
immediately after using
- a headset. Do not handle sharp or
otherwise dangerous objects while using a headset. Take at least
a 10 to 15-minute break every 30 minutes, even if you do not think
you need it. Each person is different, so take more frequent and
longer breaks if you feel discomfort. Listening to sound at high
volumes can cause irreparable damage to your hearing. Background
noise, as well as continued exposure to high volume levels, can
make sounds seem quieter than they actually are. Due to the
immersive nature of the virtual reality experience in the Software,
do not use a headset with the sound at high volume so that you can
maintain awareness of your surroundings and reduce the risk of
hearing damage.
(c)
Seizures. Some people may have severe dizziness, seizures,
epileptic seizures or blackouts triggered by light flashes or
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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. Such seizures are more common in children
and young people under the age of 20. Anyone who has had a seizure,
loss of awareness, or other symptom linked to an epileptic
condition should see a doctor before using a headset in connection
with the Software.
(d)
Discomfort. Immediately discontinue use of your headset when using
the Software if anyone using the headset experiences 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; fatigue; or any symptoms
similar to motion sickness. Playing video games can make your
muscles, joints or skin hurt. If any part of your body becomes
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. If you continue to have any of the
above symptoms or other discomfort during or after play, stop
playing and see a doctor.
(e)
Children. The headset should not be used by children under the age
of 13. Adults should make sure children (age 13 and older) use the
headset in accordance with these health and safety warnings
including making sure the headset is used as described in the
Before Using the headset section and the General Instructions and
Precautions section. Adults should monitor children (age 13 and
older) who are using or have used the headset for any of the
symptoms described in these health and safety warnings (including
those described under the Discomfort section), and should limit
the time children spend using the headset and ensure they take
breaks during use.
Indemnification. You agree to indemnify, defend and hold harmless ARVORE
and its affiliates and their respective owners, directors, officers,
managers, employees, agents, contractors, advertisers and partners from
any claim or demand, including, without limitation, reasonable attorney
fees, that may be asserted or filed by any third party, arising out of or
relating to your use of the Software or any product or service available
through the Software, your submission or provision of user content to the
Software, your violation of these Terms or any other violation by you of
the rights of another person or party.
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General. These Terms constitute the entire agreement between us with
respect to the subject matter and supersedes and merges any prior
proposals, understandings and contemporaneous communications. These Terms
will be governed by and construed in accordance with the laws of the United
States, without regard to or application of conflicts of law rules or
principles. By using our Software, you consent to personal jurisdiction
and venue in the state courts of California for any lawsuit arising from
or relating to these Terms or the Software.
You may not assign your rights or delegate your obligations under these
Terms without our prior written consent. You acknowledge and agree that no
partnership is formed between you and ARVORE by virtue of these Terms, and
neither party has the power or the authority to obligate or bind the other.
The waiver by us of a breach of any provision of these Terms will not be
taken or held to be a waiver of the provision itself. If any provision of
these Terms is held by a court of competent jurisdiction to be contrary to
law, such provision will be changed and interpreted so as to best accomplish
the objectives of the original provision to the fullest extent allowed by
law, and the remaining provisions of these Terms will remain in full force
and effect. You hereby agree that ARVORE would be irreparably damaged if
the terms of this Agreement were not specifically enforced, and therefore
you agree that we are entitled, without bond, other security, or proof of
damages, to appropriate equitable remedies with respect to breaches of
this agreement, in addition to such other remedies as we may otherwise
have available to us under applicable laws.
You agree that we may provide you with notices, newsletters, including
notices regarding changes to these Terms, by email, regular mail or
postings on the Service. Any communication or notice that you provide to
us will be provided by email at legal@ arvore.io.
These Terms constitute a legally binding agreement between you and ARVORE,
and these Terms are accepted by you upon your use of the Software.
Please contact us if you have any questions about these Terms.
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