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GADGETEER BETA
END USER LICENSE AGREEMENT
Effective Date: 2/25/2019
This End User License Agreement (“EULA”) is entered into between you and Metanaut Labs Inc., its parents, subsidiaries and affiliates, (“Metanaut”) and applies to the beta release of Gadgeteer, a virtual reality game (the “Software”).
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. VIRTUAL REALITY WARNING
Virtual reality software creates an immersive experience that may cause nausea, photosensitivity, epilepsy, seizures or other bodily injury (including death or disability) or property damage. As with all virtual reality software, please follow the instructions provided with your virtual reality headset and be sure to use the Software in a safe environment away from people and property that you could come in contact with while wearing the headset.
2. LICENSES
2.1 License. Metanaut grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Software if downloaded from Metanaut directly or from an authorized third party. You may only use one copy of the Software at any time. If you wish to use the Software on two or more devices, you must acquire additional Software licenses. You agree that no title or ownership interest in the Software is transferred or assigned to you and that the EULA is not a sale of any right to the Software.
2.2 Streaming and Social Media License. Metanaut grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display the Software on video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a video (“Social Content”). Metanaut may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss you incur.
2.3 User Content License. User content includes any information that you create, submit, transmit or upload while using the Software, for example, the chain reaction machines built by a user within Gadgeteer, Social Content and any submissions, comments, questions, testimonials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Metanaut whether by email, posting on its forums or Reddit page or through any other method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Metanaut a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Metanaut reserves the right to review, edit, delete or block access to User Content without notice.
3. USE OF THE SOFTWARE
3.1 Personal Data. Accessing the Software may require you to provide Metanaut with personal data, which is collected, used and disclosed in accordance with Metanaut’s Privacy Policy. You agree to provide accurate and complete personal data to Metanaut and to update your data if it changes. The Privacy Policy is available at metanautvr.com/privacypolicy.
3.2 Access. Access to the Software may require hardware including but not limited to a VR/AR compatible computer or mobile device meeting certain minimum specifications set by Metanaut and described on metanautvr.com and the store page from which you downloaded the Software, as updated on one or more occasions, and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Software and to pay all fees incurred by you when accessing the Software through an Internet connection.
4. LIMITATIONS ON USE OF THE SOFTWARE
4.1 Limitations. You agree that you will not use the Software in the following manner:
a. engage in conduct that Metanaut determines, in its sole discretion, to constitute improper use of the Software;
b. decompile, disassemble or reverse engineer the Software or otherwise attempt to derive Software source code;
c. except for Social Content or as expressly permitted by Metanaut, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Software;
d. sell, lease or remove/alter advertising in the Software;
e. cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Software;
f. break, attempt or otherwise assist with the disruption of any computer used to support the Software or experience of another user;
g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Software or the computers of other users;
h. utilize the Software or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 2.2;
i. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Software;
j. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
l. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
m. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
n. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
o. collect or attempt to obtain user data, whether personal or anonymous; or
p. impersonate another person or an employee of Metanaut,
as determined by Metanaut in its sole discretion.
5. TERM AND TERMINATION
5.1 Demo Term. The Software is provided for demonstration purposes only and for a limited term, ending on or around March 26th, 2019 and, thereafter, your license to the Software automatically terminates. Metanaut may also suspend or terminate your access to the Software at any time for any reason including but not limited to your violation of the EULA, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Metanaut. You may terminate your access to the Software at any time by ceasing to use the Software and deleting any Metanaut game you have installed. Data collected by Metanaut may be retained for a period of time after your access to the Software is terminated, as described further in the Privacy Policy.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Metanaut shall cease to provide you access to the Software and may delete data associated with your use of the Software, including chain reaction machines built within Gadgeteer. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Metanaut, and Metanaut is not liable to you or any third party for such suspension or termination and any related loss.
6. METANAUT OWNERSHIP RIGHTS
All right, title and interest in and to the Software, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and chain reaction machines (and mechanics and other components thereof) built within the Software by users, are owned by Metanaut. Metanaut reserves all rights in the Software.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 BETA DISCLAIMER. THE SOFTWARE IS BETA SOFTWARE STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY METANAUT “AS IS”. METANAUT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, METANAUT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SOFTWARE IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON METANAUT TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SOFTWARE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY METANAUT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SOFTWARE.
7.2 LIMITATION OF LIABILITY. METANAUT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SOFTWARE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF METANAUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
7.3 METANAUT’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD METANAUT FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND METANAUT’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SOFTWARE.
8. UPDATES
8.1 Updates. Metanaut agrees to notify you of an update to the EULA by an in-Software message and by a posting on metanautvr.com. You are deemed to accept an update by continuing to use the Software. Unless Metanaut states otherwise, updates are automatically effective 30 days after posting.
8.2 Governing law. The EULA and Privacy Policy are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
8.3 Severability. To the extent any section, clause, provision or sentence or part thereof of the EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
8.4 No Waiver. Metanaut’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
8.5 Survival. Sections 2.3, 3.1, 5.2 and 6 though 8 survive termination of the EULA.
8.6 Entire Agreement. The EULA constitutes the entire agreement between you and Metanaut with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
8.7 Contact. You may contact Metanaut regarding this EULA by emailing hello@metanautvr.com.
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PRIVACY POLICY
Effective Date: 2/25/2019
This Privacy Policy applies to the Metanaut Labs Inc. (“Metanaut” or “we”) software and services on which it is placed, including but not limited to metanautvr.com, gadgeteergame.com, and the Gadgeteer video game (collectively, the “Service”) and details data we collect, use and disclose about our users, including you.
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE PRIVACY POLICY.
1. HOW WE OBTAIN YOUR DATA
The Service collects and processes personal data, which is information about you or that identifies you, as well as anonymous data, which does not identify you. You may choose not to provide Metanaut with certain data or request the deletion of certain data, which may impact Service features available to you or operation of the Service.
2. PERSONAL DATA WE COLLECT
We collect and process the following personal data:
· unique identifiers that identify you including your Gamer ID (and associated data and statistics), Internet Protocol address, MAC address and other unique device identifiers;
· if you sign up for an email list, your email address;
· if you interact with us on social media platforms, such as Facebook and Youtube, we collect personal data provided to us by such platforms; and
· if you contact us for customer support or for any other reason, we collect any personal data you choose to provide, such as your first and last name and email address.
We collect anonymous data from you, which does not identify you unless associated with personal data, including but not limited to responses to anonymous surveys, metrics and other types of statistical data, which could be derived from use of the Service, and diagnostic data concerning the Service. For example, when playing Gadgeteer, we collect anonymous information on how many times you have used a gadget and how many tools you use.
3. PROCESSING OF YOUR PERSONAL AND ANONYMOUS DATA
We process your personal and anonymous data primarily for our business purposes, such as providing the Service, to understand your needs and the needs of our users and to provide you with better service and information, particularly:
· to send Service updates, patches and related push notifications that may be of importance to you and if you do not wish to receive these types of updates, patches and notifications your use of the Service may be limited;
· providing the Service to you, such as displaying and delivering content through the Service, authenticating users or performing services requested of us;
· maintaining and analyzing Service functionality, such as backing up data, understanding how users use the Service and drawing trends and predictions based on this data;
· improving the Service and future games we make
• protecting the security and integrity of the Service and its users including but not limited to detecting and protecting Metanaut and other third parties against error, fraud, theft and other illegal activity;
· legal or regulatory compliance;
· providing customer and technical support and to resolve customer issues;
· provide you with information or inform you of changes related to the Service such as confirmations, technical notices, updates, suspensions, outages or other material changes; and
· contact you with surveys, marketing or promotional content or contests, if you previously consented to such contact or we have a basis for contacting you for such purpose under applicable law.
We disclose your personal and anonymous data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above. We also disclose your personal and anonymous data to third parties, who may be located in a foreign jurisdiction and subject to foreign laws, as follows:
· to process your data as described above and provide or enhance Service features;
· for customer support and feedback, analyzing Service functionality and technical issues, tracking use of the Service and generating reports and data models that we use to improve the service;
· to link or combine your information with other information from third parties to help understand your preferences and provide you with better services;
· for payment processing and fraud prevention purposes; and
· to law enforcement or a government that has asserted its lawful authority to obtain the data or where Metanaut has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, or to comply with court rules regarding the production of records and data, or to Metanaut’s legal counsel.
4. THIRD PARTY SERVICES
The Privacy Policy only applies to personal data that Metanaut collects, processes and discloses and does not apply to the collection, processing and disclosure of data by third parties through third party services, which may be broader than set forth in this Privacy Policy, and that may be embedded into the Service. For example, we may share aggregate or anonymous information about you with hardware manufacturers, platform hosts, publishers, business partners, and other third parties, to the extent permitted by applicable law. Please contact us using the information below if you would like to learn more about third party data practices.
5. SERVICE COMMUNICATION FEATURES
Your username and profile on the Service are visible to other users of the Service. We recommend you exercise discretion when selecting your username and when using the Service. Use screen names whenever possible to protect your identity. Personal data disclosed by you within our chat areas, instant message service, message boards or during use of the Service can be collected by other users and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through the Service. To the extent that you create a public profile that may be available to others on the Service, you are solely responsible for its content and accuracy. To edit, change, or delete the above information, follow the instructions provided in the Service.
6. IF YOU ARE UNDER THE AGE OF 13
Metanaut complies with the U.S. Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. If you are under the age of 13, you may not create an account on or use the Service. Metanaut will not knowingly collect, maintain, or disclose any personal data from children under the age of 13.
7. IF YOU ARE BETWEEN THE AGE OF 13 AND 18
If you are between the age of 13 and 18, please have your parent or guardian read the Privacy Policy and any other legal document presented to you and obtain his or her permission before you provide any personal data and before you sign up for or use the Service. Never tell anyone online anything private about yourself or your family, including your phone number and address, unless your parent or guardian has approved.
8. CALIFORNIA DO NOT TRACK DISCLOSURE
Do Not Track, or DNT, is a web browser setting that requests that a web application disable its tracking of you. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, advertising networks, plug in providers and other web services you encounter while browsing to stop tracking your activity. Currently, there is no DNT technology standard and, as a result, the Service does not respond to DNT signals.
9. CALIFORNIA “SHINE THE LIGHT” RIGHT
If you are a California resident, California Civil Code Section 1798.82 grants you the right to request our disclosure of the categories of personal data we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. If you are a California resident and would to make this request, please contact us as set forth below.
Please note that you may only make this request once per year.
10. OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA
You may contact Metanaut to obtain a copy of any personal data we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact Metanaut to correct inaccurate personal data or to complete incomplete personal data.
You may be able to opt-out of some or all of the ways in which your personal data is collected or processed, or request the deletion of certain personal data, except where the personal data is:
• necessary for the performance of contractual obligations;
• to comply with our legal obligations;
• vital to protect your interests or those of another person; or
• as necessary for our legitimate interests or the legitimate interests of a third party,
and may do so by removing such personal data from your account, turning off certain features within the Service settings or by contacting us using the information below.
11. DATA STORAGE AND RETENTION
While Metanaut is a Canadian company, the data you provide through the Service is stored and processed by third parties in countries around the world. You authorize Metanaut and third parties acting on Metanaut’s behalf to process your data in any country of their choosing, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.
Your personal data is retained until you request its deletion as set forth above or until Metanaut no longer requires such data for the purpose for which it was collected.
12. CHANGE OF OWNERSHIP OR BUSINESS TRANSITION
In the event of, or in preparation for, a change of ownership or control of Metanaut or a business transition such as the sale of some or all Metanaut assets, we may disclose your personal and anonymous data to third parties who will have the right to continue to collect and use such data in the manner set forth in this Privacy Policy.
13. SECURITY
We are committed to ensuring that your data is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the data we collect and process.
14. UPDATES
Metanaut reserves the right, in its sole discretion, to modify the Privacy Policy at any time (“Updates”) and shall make Updates available at metanautvr.com. You are deemed to accept any Update by continuing to use the Service. Unless Metanaut states otherwise, Updates are automatically effective 30 days after posting on metanautvr.com.
15. CONTACT US
If you have requests, questions or comments about the Privacy Policy or Metanaut’s data collection in general, please contact Metanaut at legal@metanautvr.com.
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CONTEST TERMS AND CONDITIONS
Who is Eligible: The contest is a skill-based contest open to Steam users, EXCLUDING USERS RESIDENT IN THE PROVINCE OF QUEBEC, who download the beta release of Gadgeteer from Steam, possess certain computer hardware and software (as described below) and are of the age of majority in their jurisdiction.
Agreement to Terms: By participating in the contest, you agree to these contest terms and conditions and represent and warrant that you meet the eligibility requirements described above.
How to Enter: You may enter the contest by building a chain reaction machine within Gadgeteer and submitting a screenshot or short video of the machine in operation to the Gadgeteer subreddit at https://www.reddit.com/r/gadgeteergame/ and by posting a link to the corresponding game save file in the comments. The installation and use of Gadgeteer and creation of an entry requires certain computer hardware and software, including but not limited to a HTC® VIVE VR headset, which you are solely responsible for providing. Metanaut is not liable for any technical malfunction, whether with Gadgeteer, Reddit® or any other technology that causes entries to be incomplete or lost. There is no limit on the number of entries a person may make. Entries that do not adhere to the foregoing rules are disqualified. Posts must comply with Reddit’s User Agreement.
Contest Period: Metanaut will accept entries beginning February 26th, 2019 and ending March 26, 2019. Winners are anticipated to be announced by 12:00 pm on April 16, 2019.
Odds: The odds of winning depend on the number of entries received and the quality of entries.
Winner Selection: Metanaut will review the entries and select from the entries three machines that it likes best based off the skill and ingenuity of the particular user, as determined by Metanaut in its sole discretion. Metanaut will notify each winner using Reddit’s PM system within ten working days following selection. Metanaut is not liable for a winner’s failure to receive notice due to winner’s failure to provide correct contact information, not checking PMs or due to other technical issues.
Prizes: The top three entries will each receive a package containing a Steam key for the public release of Gadgeteer and a Klutz – Lego® Chain Reaction Kit, each package valued at approximately $50.00 USD. Any prize unclaimed by 12:00 pm on April 30, 2019 will be forfeited. Prizes are not transferrable and cannot be substituted for other prizes or cash. All expenses and provincial, federal, state, local or other taxes associated with the prize are the sole responsibility of each winner.
Release. By accepting a prize, you permit Metanaut to use your name, Reddit username, Steam username, likeness and any statements made in connection with the prize for advertising and marketing purposes, without compensation or further permission required. Additionally, your creation and submission of the machine is governed by the Gadgeteer End User License Agreement, which you must agree to in order to use Gadgeteer.
General Terms: Metanaut reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest for any reason or for no reason. Decisions of Metanaut are final and binding on all entrants with no right to appeal. This contest is governed by the laws of Canada and the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts. This contest is void where prohibited by law.
Privacy Policy: Information submitted with an entry is subject to the Metanaut Privacy Policy, which is available at metanautvr.com/privacypolicy.
END USER LICENSE AGREEMENT
Effective Date: 2/25/2019
This End User License Agreement (“EULA”) is entered into between you and Metanaut Labs Inc., its parents, subsidiaries and affiliates, (“Metanaut”) and applies to the beta release of Gadgeteer, a virtual reality game (the “Software”).
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE EULA.
1. VIRTUAL REALITY WARNING
Virtual reality software creates an immersive experience that may cause nausea, photosensitivity, epilepsy, seizures or other bodily injury (including death or disability) or property damage. As with all virtual reality software, please follow the instructions provided with your virtual reality headset and be sure to use the Software in a safe environment away from people and property that you could come in contact with while wearing the headset.
2. LICENSES
2.1 License. Metanaut grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to install and use the Software if downloaded from Metanaut directly or from an authorized third party. You may only use one copy of the Software at any time. If you wish to use the Software on two or more devices, you must acquire additional Software licenses. You agree that no title or ownership interest in the Software is transferred or assigned to you and that the EULA is not a sale of any right to the Software.
2.2 Streaming and Social Media License. Metanaut grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display the Software on video streaming websites, such as youtube.com and twitch.com, and social media, such as tweeting a video (“Social Content”). Metanaut may terminate or modify the scope of this streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss you incur.
2.3 User Content License. User content includes any information that you create, submit, transmit or upload while using the Software, for example, the chain reaction machines built by a user within Gadgeteer, Social Content and any submissions, comments, questions, testimonials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to Metanaut whether by email, posting on its forums or Reddit page or through any other method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant Metanaut a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. Metanaut reserves the right to review, edit, delete or block access to User Content without notice.
3. USE OF THE SOFTWARE
3.1 Personal Data. Accessing the Software may require you to provide Metanaut with personal data, which is collected, used and disclosed in accordance with Metanaut’s Privacy Policy. You agree to provide accurate and complete personal data to Metanaut and to update your data if it changes. The Privacy Policy is available at metanautvr.com/privacypolicy.
3.2 Access. Access to the Software may require hardware including but not limited to a VR/AR compatible computer or mobile device meeting certain minimum specifications set by Metanaut and described on metanautvr.com and the store page from which you downloaded the Software, as updated on one or more occasions, and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Software and to pay all fees incurred by you when accessing the Software through an Internet connection.
4. LIMITATIONS ON USE OF THE SOFTWARE
4.1 Limitations. You agree that you will not use the Software in the following manner:
a. engage in conduct that Metanaut determines, in its sole discretion, to constitute improper use of the Software;
b. decompile, disassemble or reverse engineer the Software or otherwise attempt to derive Software source code;
c. except for Social Content or as expressly permitted by Metanaut, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Software;
d. sell, lease or remove/alter advertising in the Software;
e. cheat or use, develop or distribute automation software (bots), macro software or other cheat utility software or knowingly exploit a flaw or bug in the Software;
f. break, attempt or otherwise assist with the disruption of any computer used to support the Software or experience of another user;
g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar software or programs that may damage operation of the Software or the computers of other users;
h. utilize the Software or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 2.2;
i. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit software, cheats or hacks for the Software;
j. use profanity, including short forms for profanities, punctuation marks used in place of profanities and colloquial versions of profanities;
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
l. communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
m. abuse, bully, harass or publish false or misleading information about users or encourage others to do the same;
n. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
o. collect or attempt to obtain user data, whether personal or anonymous; or
p. impersonate another person or an employee of Metanaut,
as determined by Metanaut in its sole discretion.
5. TERM AND TERMINATION
5.1 Demo Term. The Software is provided for demonstration purposes only and for a limited term, ending on or around March 26th, 2019 and, thereafter, your license to the Software automatically terminates. Metanaut may also suspend or terminate your access to the Software at any time for any reason including but not limited to your violation of the EULA, as determined in its sole discretion. Whether a suspension will be lifted is at the sole discretion of Metanaut. You may terminate your access to the Software at any time by ceasing to use the Software and deleting any Metanaut game you have installed. Data collected by Metanaut may be retained for a period of time after your access to the Software is terminated, as described further in the Privacy Policy.
5.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that Metanaut shall cease to provide you access to the Software and may delete data associated with your use of the Software, including chain reaction machines built within Gadgeteer. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or Metanaut, and Metanaut is not liable to you or any third party for such suspension or termination and any related loss.
6. METANAUT OWNERSHIP RIGHTS
All right, title and interest in and to the Software, including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, characters, character names, character likenesses, catch phrases, concepts, dialog, settings, storylines, themes, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and chain reaction machines (and mechanics and other components thereof) built within the Software by users, are owned by Metanaut. Metanaut reserves all rights in the Software.
7. DISCLAIMER AND LIMITATION OF LIABILITY
7.1 BETA DISCLAIMER. THE SOFTWARE IS BETA SOFTWARE STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY METANAUT “AS IS”. METANAUT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, METANAUT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SOFTWARE IS UNSUPPORTED AND THE EULA DOES NOT CREATE ANY OBLIGATION UPON METANAUT TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SOFTWARE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY METANAUT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SOFTWARE.
7.2 LIMITATION OF LIABILITY. METANAUT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SOFTWARE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF METANAUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
7.3 METANAUT’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD METANAUT FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND METANAUT’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SOFTWARE.
8. UPDATES
8.1 Updates. Metanaut agrees to notify you of an update to the EULA by an in-Software message and by a posting on metanautvr.com. You are deemed to accept an update by continuing to use the Software. Unless Metanaut states otherwise, updates are automatically effective 30 days after posting.
8.2 Governing law. The EULA and Privacy Policy are governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
8.3 Severability. To the extent any section, clause, provision or sentence or part thereof of the EULA is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the EULA given full force and effect.
8.4 No Waiver. Metanaut’s failure to assert or enforce any right contained in the EULA shall not constitute a waiver of that right.
8.5 Survival. Sections 2.3, 3.1, 5.2 and 6 though 8 survive termination of the EULA.
8.6 Entire Agreement. The EULA constitutes the entire agreement between you and Metanaut with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
8.7 Contact. You may contact Metanaut regarding this EULA by emailing hello@metanautvr.com.
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PRIVACY POLICY
Effective Date: 2/25/2019
This Privacy Policy applies to the Metanaut Labs Inc. (“Metanaut” or “we”) software and services on which it is placed, including but not limited to metanautvr.com, gadgeteergame.com, and the Gadgeteer video game (collectively, the “Service”) and details data we collect, use and disclose about our users, including you.
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE PRIVACY POLICY.
1. HOW WE OBTAIN YOUR DATA
The Service collects and processes personal data, which is information about you or that identifies you, as well as anonymous data, which does not identify you. You may choose not to provide Metanaut with certain data or request the deletion of certain data, which may impact Service features available to you or operation of the Service.
2. PERSONAL DATA WE COLLECT
We collect and process the following personal data:
· unique identifiers that identify you including your Gamer ID (and associated data and statistics), Internet Protocol address, MAC address and other unique device identifiers;
· if you sign up for an email list, your email address;
· if you interact with us on social media platforms, such as Facebook and Youtube, we collect personal data provided to us by such platforms; and
· if you contact us for customer support or for any other reason, we collect any personal data you choose to provide, such as your first and last name and email address.
We collect anonymous data from you, which does not identify you unless associated with personal data, including but not limited to responses to anonymous surveys, metrics and other types of statistical data, which could be derived from use of the Service, and diagnostic data concerning the Service. For example, when playing Gadgeteer, we collect anonymous information on how many times you have used a gadget and how many tools you use.
3. PROCESSING OF YOUR PERSONAL AND ANONYMOUS DATA
We process your personal and anonymous data primarily for our business purposes, such as providing the Service, to understand your needs and the needs of our users and to provide you with better service and information, particularly:
· to send Service updates, patches and related push notifications that may be of importance to you and if you do not wish to receive these types of updates, patches and notifications your use of the Service may be limited;
· providing the Service to you, such as displaying and delivering content through the Service, authenticating users or performing services requested of us;
· maintaining and analyzing Service functionality, such as backing up data, understanding how users use the Service and drawing trends and predictions based on this data;
· improving the Service and future games we make
• protecting the security and integrity of the Service and its users including but not limited to detecting and protecting Metanaut and other third parties against error, fraud, theft and other illegal activity;
· legal or regulatory compliance;
· providing customer and technical support and to resolve customer issues;
· provide you with information or inform you of changes related to the Service such as confirmations, technical notices, updates, suspensions, outages or other material changes; and
· contact you with surveys, marketing or promotional content or contests, if you previously consented to such contact or we have a basis for contacting you for such purpose under applicable law.
We disclose your personal and anonymous data to our parent companies, affiliates, subsidiaries, employees and contractors for the same purposes described above. We also disclose your personal and anonymous data to third parties, who may be located in a foreign jurisdiction and subject to foreign laws, as follows:
· to process your data as described above and provide or enhance Service features;
· for customer support and feedback, analyzing Service functionality and technical issues, tracking use of the Service and generating reports and data models that we use to improve the service;
· to link or combine your information with other information from third parties to help understand your preferences and provide you with better services;
· for payment processing and fraud prevention purposes; and
· to law enforcement or a government that has asserted its lawful authority to obtain the data or where Metanaut has reasonable grounds to believe the data could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of data, or to comply with court rules regarding the production of records and data, or to Metanaut’s legal counsel.
4. THIRD PARTY SERVICES
The Privacy Policy only applies to personal data that Metanaut collects, processes and discloses and does not apply to the collection, processing and disclosure of data by third parties through third party services, which may be broader than set forth in this Privacy Policy, and that may be embedded into the Service. For example, we may share aggregate or anonymous information about you with hardware manufacturers, platform hosts, publishers, business partners, and other third parties, to the extent permitted by applicable law. Please contact us using the information below if you would like to learn more about third party data practices.
5. SERVICE COMMUNICATION FEATURES
Your username and profile on the Service are visible to other users of the Service. We recommend you exercise discretion when selecting your username and when using the Service. Use screen names whenever possible to protect your identity. Personal data disclosed by you within our chat areas, instant message service, message boards or during use of the Service can be collected by other users and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through the Service. To the extent that you create a public profile that may be available to others on the Service, you are solely responsible for its content and accuracy. To edit, change, or delete the above information, follow the instructions provided in the Service.
6. IF YOU ARE UNDER THE AGE OF 13
Metanaut complies with the U.S. Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet. If you are under the age of 13, you may not create an account on or use the Service. Metanaut will not knowingly collect, maintain, or disclose any personal data from children under the age of 13.
7. IF YOU ARE BETWEEN THE AGE OF 13 AND 18
If you are between the age of 13 and 18, please have your parent or guardian read the Privacy Policy and any other legal document presented to you and obtain his or her permission before you provide any personal data and before you sign up for or use the Service. Never tell anyone online anything private about yourself or your family, including your phone number and address, unless your parent or guardian has approved.
8. CALIFORNIA DO NOT TRACK DISCLOSURE
Do Not Track, or DNT, is a web browser setting that requests that a web application disable its tracking of you. When you choose to turn on the DNT setting in your browser, your browser sends a special signal to websites, analytics companies, advertising networks, plug in providers and other web services you encounter while browsing to stop tracking your activity. Currently, there is no DNT technology standard and, as a result, the Service does not respond to DNT signals.
9. CALIFORNIA “SHINE THE LIGHT” RIGHT
If you are a California resident, California Civil Code Section 1798.82 grants you the right to request our disclosure of the categories of personal data we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. If you are a California resident and would to make this request, please contact us as set forth below.
Please note that you may only make this request once per year.
10. OBTAINING, RECTIFYING AND CONTROLLING YOUR PERSONAL DATA
You may contact Metanaut to obtain a copy of any personal data we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact Metanaut to correct inaccurate personal data or to complete incomplete personal data.
You may be able to opt-out of some or all of the ways in which your personal data is collected or processed, or request the deletion of certain personal data, except where the personal data is:
• necessary for the performance of contractual obligations;
• to comply with our legal obligations;
• vital to protect your interests or those of another person; or
• as necessary for our legitimate interests or the legitimate interests of a third party,
and may do so by removing such personal data from your account, turning off certain features within the Service settings or by contacting us using the information below.
11. DATA STORAGE AND RETENTION
While Metanaut is a Canadian company, the data you provide through the Service is stored and processed by third parties in countries around the world. You authorize Metanaut and third parties acting on Metanaut’s behalf to process your data in any country of their choosing, which may cause your data, including personal and anonymous data, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.
Your personal data is retained until you request its deletion as set forth above or until Metanaut no longer requires such data for the purpose for which it was collected.
12. CHANGE OF OWNERSHIP OR BUSINESS TRANSITION
In the event of, or in preparation for, a change of ownership or control of Metanaut or a business transition such as the sale of some or all Metanaut assets, we may disclose your personal and anonymous data to third parties who will have the right to continue to collect and use such data in the manner set forth in this Privacy Policy.
13. SECURITY
We are committed to ensuring that your data is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the data we collect and process.
14. UPDATES
Metanaut reserves the right, in its sole discretion, to modify the Privacy Policy at any time (“Updates”) and shall make Updates available at metanautvr.com. You are deemed to accept any Update by continuing to use the Service. Unless Metanaut states otherwise, Updates are automatically effective 30 days after posting on metanautvr.com.
15. CONTACT US
If you have requests, questions or comments about the Privacy Policy or Metanaut’s data collection in general, please contact Metanaut at legal@metanautvr.com.
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CONTEST TERMS AND CONDITIONS
Who is Eligible: The contest is a skill-based contest open to Steam users, EXCLUDING USERS RESIDENT IN THE PROVINCE OF QUEBEC, who download the beta release of Gadgeteer from Steam, possess certain computer hardware and software (as described below) and are of the age of majority in their jurisdiction.
Agreement to Terms: By participating in the contest, you agree to these contest terms and conditions and represent and warrant that you meet the eligibility requirements described above.
How to Enter: You may enter the contest by building a chain reaction machine within Gadgeteer and submitting a screenshot or short video of the machine in operation to the Gadgeteer subreddit at https://www.reddit.com/r/gadgeteergame/ and by posting a link to the corresponding game save file in the comments. The installation and use of Gadgeteer and creation of an entry requires certain computer hardware and software, including but not limited to a HTC® VIVE VR headset, which you are solely responsible for providing. Metanaut is not liable for any technical malfunction, whether with Gadgeteer, Reddit® or any other technology that causes entries to be incomplete or lost. There is no limit on the number of entries a person may make. Entries that do not adhere to the foregoing rules are disqualified. Posts must comply with Reddit’s User Agreement.
Contest Period: Metanaut will accept entries beginning February 26th, 2019 and ending March 26, 2019. Winners are anticipated to be announced by 12:00 pm on April 16, 2019.
Odds: The odds of winning depend on the number of entries received and the quality of entries.
Winner Selection: Metanaut will review the entries and select from the entries three machines that it likes best based off the skill and ingenuity of the particular user, as determined by Metanaut in its sole discretion. Metanaut will notify each winner using Reddit’s PM system within ten working days following selection. Metanaut is not liable for a winner’s failure to receive notice due to winner’s failure to provide correct contact information, not checking PMs or due to other technical issues.
Prizes: The top three entries will each receive a package containing a Steam key for the public release of Gadgeteer and a Klutz – Lego® Chain Reaction Kit, each package valued at approximately $50.00 USD. Any prize unclaimed by 12:00 pm on April 30, 2019 will be forfeited. Prizes are not transferrable and cannot be substituted for other prizes or cash. All expenses and provincial, federal, state, local or other taxes associated with the prize are the sole responsibility of each winner.
Release. By accepting a prize, you permit Metanaut to use your name, Reddit username, Steam username, likeness and any statements made in connection with the prize for advertising and marketing purposes, without compensation or further permission required. Additionally, your creation and submission of the machine is governed by the Gadgeteer End User License Agreement, which you must agree to in order to use Gadgeteer.
General Terms: Metanaut reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the contest for any reason or for no reason. Decisions of Metanaut are final and binding on all entrants with no right to appeal. This contest is governed by the laws of Canada and the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts. This contest is void where prohibited by law.
Privacy Policy: Information submitted with an entry is subject to the Metanaut Privacy Policy, which is available at metanautvr.com/privacypolicy.