PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT. BY ACQUIRING 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 DOWNLOAD AND USE OUR VR EXPERIENCES AND RELATED WEB APPLICATION, 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 title, Reach, and any sequel or prequel produced thereafter
concerning the Reach 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.
Triad Labs, LLC, 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 Software or 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. Triad Labs, LLC (also known as “Triad Labs”, “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.
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 Triad Labs who 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, Triad Labs may provide links on the Services to other websites owned by third parties. Unless otherwise expressly stated, Triad Labs does not endorse or control these third-party websites and assumes no responsibility for them or the content contained therein. Our Services may collect motion data during your gameplay of Reach and third party virtual reality games for your use in analyzing your own motion. By using Reach, you give Triad Labs your consent to record this motion data and use it to display for your review and for further enhancements of our services.
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, Triad Labs 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 Triad Labs. 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 Triad Labs.
Intellectual Property. You agree that TRIAD LABS 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. TRIAD LABS and the Reach 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 TRIAD LABS 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. 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 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”) and games, and 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.
PROVIDED BY US.
Regarding the information you give us directly and we collect when you play our Software:
(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.
(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.
(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
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. TRIAD LABS 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 TRIAD LABS
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.
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
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 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;
• 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.
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. TRIAD LABS 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 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 TRIAD LABS 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.
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 Oho 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 TRIAD LABS 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 TRIAD LABS 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 mail to 22 West Main Street, P.O. Box 8, New Concord, OH 43762.
These Terms constitute a legally binding agreement between you and TRIAD LABS, and these Terms are accepted by you upon your use of the Software. Please contact us if you have any questions about these Terms.