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SOUNDSCAPE
Terms of Service and Conditions of Use
Last Updated: January 22, 2024
Welcome to Soundscape. Groove Science Studios, Inc., a Delaware corporation
doing business in Colorado and d/b/a Soundscape (hereinafter “Soundscape, we, our or
us”) is proud to create and provide its users (hereinafter “Users, You, Your”) our highly
immersive mixed reality experience in virtual reality (“VR”), PC cross Play (“PC PLAY”)
and mobile device (“Mobile Play”). PLEASE READ THESE TERMS OF USE (“TERMS”)
CAREFULLY BEFORE ACCESSING THE GAME, AS THE TERMS GOVERN YOUR
USE OF THE GAME, AND YOU ARE ONLY PERMITTED TO USE AND/OR PLAY
THE GAME PROVIDED YOU HAVE REVIEWED AND ACCEPTED THE TERMS. For
all notices and communication, please contact us at the following:
soundscapevr@gmail.com
SOUNDSCAPE’S USERS’ EXPERIENCE AND ENJOYMENT IS OUR PRIMARY
GOAL, HOWEVER, YOUR HEALTH & SAFETY WHILE PLAYING IS PARAMOUNT
SO PLEASE CONSIDER THE FOLLOWING SAFETY CONCERNS AND REVIEW
OUR HEALTH & SAFETY ALERTS BEFORE PLAYING AND ACCEPTING THESE
TERMS OF USE.
YOU ACKNOWLEDGE THAT FAILURE TO ABIDE BY AND TAKE SERIOUS
CONSIDERATION REGARDING THESE HEALTH AND SAFETY GUIDELINES
MAY CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO
PROPERTY, PERSONAL INJURY TO YOU, OR IN EXTREME SITUATIONS,
EVEN DEATH.
⚠WARNING: YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE
SOUNDSCAPE. Viewing Soundscape content is not recommended for children
without adult supervision. You represent and warrant that you meet the minimum age
requirement to form a binding contract (or if not, you’ve received your parent’s or
guardian’s permission to use Soundscape and have gotten your parent or guardian to
agree to these terms on your behalf). If you, or your parent or guardian, do not agree
to these terms, you are not permitted to use our services. These terms have the same
force and effect as an agreement in writing.
⚠WARNING: Soundscape produces an immersive VR experience, and users’
reactions differ. A very small percentage of individuals may experience epileptic
seizures or blackouts when exposed to certain light patterns or flashing lights. Such
seizures are more common in children and young people under the age of 20.
Exposure to certain patterns or backgrounds on a variety of screens or when playing
video games may trigger epileptic seizures or blackouts in these individuals. These
conditions may trigger previously undetected epileptic symptoms or seizures in
persons who have no history of prior seizures or epilepsy. If you, or anyone in your
family has an epileptic condition or has had seizures of any kind, consult your
physician before playing. IMMEDIATELY DISCONTINUE use and consult your
physician before resuming Soundscape. If you or your child experience any of the
following health problems or symptoms: Dizziness Altered vision, Eye or muscle
twitches, Loss of awareness, Disorientation, Seizures or Any involuntary movement
or convulsion. Anyone who previously has had a seizure, loss of awareness, or other
symptom linked to an epileptic condition should see a doctor before using the
headset.
⚠WARNING: See a doctor before viewing VR Content or entering Soundscape if you
have a history of or if you are prone to seizures. The Soundscape experience, at
certain times, enhances its immersive experience with variations of flashing lights and
strobes.
⚠WARNING: Use caution to avoid injury and remain seated unless your content
experience requires standing. Serious injuries can occur from tripping, running into or
striking walls, furniture or other objects, so clear an area for safe use before using the
headset.
⚠WARNING: The hyper realistic spatial integration in height, dimensions and
elements of surprise affect people differently. Remain seated whenever possible
during your Soundscape experience and take special care to be aware of your
surroundings to ensure you do not injure yourself or other people around you while
you are experiencing Soundscape.
⚠WARNING: BEFORE EXPERIENCING SOUNDSCAPE & GENERAL
PRECAUTIONS:
Identify Who Manufactures The VR/AR Headset You Are Using.
Locate, read and understand your headset manufacturer's guidelines. Provided
below are links to some, but not all, headset manufacturers’ use and safety
guidelines.
Meta Quest Safety Link
Valve Index Safety Link
HTC Vive Safety Link
Sony Playstation VR Safety Link
⚠WARNING: Use Only In A Safe & Inspected Area: Soundscape produces an
immersive VR experience that distracts you from and blocks your view of your actual
surroundings so remove obstacles which may interfere with your balance or could
cause you personal injury should you accidentally come in contact with it. Be aware of
your surroundings before experiencing Soundscape or while using your headset for
any other VR/AR use.
Take special care to ensure that you are not near other people, objects,
stairs, balconies, open doorways, windows, furniture, open flames,
ceiling fans or light fixtures or other items that you can bump into or
knock down when using, or immediately after using Soundscape.
Remove any tripping hazards from the area before using the headset.
Secure doors or entrances near play zone. Consider that while using
the headset you may be unaware that people may enter your immediate
area.
⚠WARNING: Balance: Experiencing Soundscape and using VR/AR headset mays
cause loss of balance. Remember that the objects you see in the VR environment do
not exist in the real environment, so don’t sit or stand on them or use them for
support.
⚠WARNING: General Safety:
Do not handle sharp or otherwise dangerous objects while using the
headset.
Never wear the headset in situations that require attention, such as
walking, bicycling, or driving.
Make sure any headphone cables if used are not tripping hazards.
Do not experience Soundscape or use your headset while in a moving
vehicle such as a car, bus, or train, as this can increase your
susceptibility to adverse symptoms.
Take at least a 10 to 15 minute break every 30 minutes, even if you
don’t think you need it. Each person is different, so take more frequent
and longer breaks if you feel discomfort.
⚠WARNING: Hearing Safety: Do not use the headset with the sound at a high
volume so that you can maintain awareness of your surroundings and reduce the risk
of hearing damage.
Important Notices:
Soundscape may record your VR experience and may use such recording in
advertisements, demonstrations or general social media posts without seeking
any additional permission or license from you.
To use Soundscape in public settings (VR arcade, cafe, music festival, etc.), a
monthly license is required for each PC the Applications and Services are
installed on at your place of operation.
Disputes must be arbitrated pursuant to the arbitration provision contained herein
and you should consider the limitations on liability contained hereto.
Your computer will be subject to allowing Cookies so as to better your
experience and to allow Soundscape to better serve you.
Soundscape suggests Printing a copy of these Terms for future reference.
⚠WARNING: SORRY TO REPEAT THIS, BUT IT IS OUR SPECIFIC INTENT TO
REPEAT THESE WARNINGS ABOUT YOUR HEALTH AND SAFETY BECAUSE
WE SINCERELY CARE ABOUT YOU. WE ARE SOLELY IN BUSINESS FOR YOU
AND WE WOULD BE CRUSHED IF SOMETHING WERE TO HAPPEN TO YOU
WHILE EXPERIENCING SOUNDSCAPE. WE HIGHLY RECOMMEND YOU
REVIEWING OUR HEALTH AND SAFTEY PROVISIONS BY CLICKING ON THE
LINK BELOW:
Please review paragraph 17 within our terms of service for a more information.
OUR TERMS OF SERVICE
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO
NOT USE SOUNDSCAPE. EACH TIME YOU ACCESS AND USE SOUNDSCAPE
YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE
BOUND BY, THESE TERMS as amended from time to time.
Soundscape Overview: Soundscape provides virtual reality (“VR”) experiences as a
Service via compatible VR equipment e.g. Quest, Valve and other VR gear
manufacturers and through gaming platforms, such as Steam, to consumer music,
gaming and VR enthusiasts. Soundscape PROVIDES consumer’s personal enhanced
experience by allowing the consumer to use our virtual reality worlds to explore while
enjoying either our curated music collection or their self- provided personal playlist.
Soundscape provides music artists an advanced metaverse interactive and immersive
VR, PC Play or Mobile Play. (consumer and artist services are collectively hereafter
“Services”).
1. EXCLUSIVE USE: These Terms of Use govern your access and use of
Soundscape, and any of its subsidiaries, affiliates, brands and entities that it
controls, including all applications and Services and other affiliated websites.
Your use does not allow Soundscape to be operated in a commercial or public
setting, or for the purpose of producing content for commercial or promotional
use, including posting to social media without the express permission from
Soundscape and any of their content providers or copyright owners. Soundscape
will pursue legal action against anyone found operating Soundscape or using any
part or portion of Soundscape’s designs or architecture or curated music content
without proper licensing. Please reach out to the developers at
SoundscapeVR@gmail.com for any inquiries regarding commercial licensing.
Soundscape owns or licenses, operates and/or controls the rights to all software,
copyrights, trademarks, trade-dress and patents utilized with your Soundscape
experience.
a. Equal Opportunity Employer: Soundscape is an equal opportunity
employer, employing persons without considering race, sex, religion,
nationality, age or disability. If you are amazing at a particular Soundscape
personnel need, trust us, we want you.
2. REGISTRATION: You will need to register an account with a third-party platform
or service provider, such as, but not limited to, Steam or Oculus/Quest
(“Platform”). The Game is expressly provided in Platform where an account is
required. You may not, under any circumstances, whether intentionally, or
through negligence allow or enable others to access your account. We require
each user to have a unique username and password combination in order to use
Soundscape and may also, from time to time, provide users with additional codes
or passwords necessary to access and use certain features or functions of
Soundscape. Your username and password are personal to you and you may not
allow any others to use your username or password under any circumstances.
a. We are not liable for any harm caused or related to the theft or
misappropriation of your username or password, disclosure of your
username or password, or your authorization of anyone else to use your
username or password.
b. You agree to notify us immediately if you become aware of or believe
there is or may have been any unauthorized use of your username or
password or any other need to deactivate your username or password due
to security concerns.
i. PASSWORDS ARE ISSUED ON A PERSONAL BASIS.
ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS
TRANSMITTED BY OR RECEIVED FROM ANYONE
PRESENTING YOUR PASSWORD ON THE APPLICATION WILL
BE DEEMED BINDING ON YOU.
c. You agree that you are solely responsible and liable for all actions taken
via your password, whether or not made with your knowledge or authority.
d. You agree to guard your password carefully, with the full awareness that a
failure to keep it secure will enable others to engage in transactions
through the Applications and Services for which you will be legally
responsible.
3. CONDITION FOR USE: Before using Soundscape, you agree to the following:
a. You must be at least 13 years of age to use Soundscape. Soundscape is
not intended for children under the age of 13. If you are at least 13 but are
under the age of 18, you may only use Soundscape with your parent's or
guardian's consent and supervision and your parent or guardian must
provide consent after having read these Terms and most specifically, the
Heath and Safety Alerts. In such a case you represent and warrant and
covenant that both you and your parent or guardian have read and
consent to these Terms (including all the conditions, limitations,
disclaimers, and waivers provided herein. If you are a parent or guardian
consenting to these Terms on behalf of a child between the ages of 13
and 18, you additionally agree to guarantee and be fully responsible for
that person’s performance hereunder, including all financial obligations or
liability he or she may incur, and all disclaimers and waivers of applicable
legal protections provided herein, and you agree to take all actions
(including executing such additional documents or agreements) necessary
to effect and perfect the foregoing.
i. In all other cases, you represent that you are 18 years or older and
fully competent to accept these Terms, and you hereby agree and
acknowledge that you have read, understood, and agree to be
bound by these Terms.
b. You have not previously been suspended or removed from Soundscape;
and
c. When creating a username, you may not use language that is or can be
construed to be sexually explicit, unlawful, harmful, threatening, harassing,
abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or
otherwise objectionable or offensive;
d. You further acknowledge and agree that by using Soundscape, you are
accepting a benefit that you cannot return or disgorge and that we are
relying on your representations regarding your ability to accept and
perform these Terms, and you therefore waive any right you may have
under applicable law to void, rescind, or otherwise avoid these Terms.
e. If you are using Soundscape on behalf of an entity, organization, or
company, you represent and warrant that you have the authority to bind
that organization to these Terms and you agree to be bound by these
Terms on behalf of that organization.
4. PROHIBITED USE:
a. You may not provide false information or intentionally hide any information
when registering for your Soundscape or Platform account;
b. Using the Game in a manner that violates the health and safety guidelines
set forth in Soundscape’s Health and Safety ALERTS.
c. Systematically retrieve data or other content from Soundscape to create a
database or directory;
d. Make any unauthorized use of Soundscape or user data for the purpose of
SPAM emails, or creating user accounts by automated means or under
false pretenses;
e. Circumvent, disable or otherwise interfere with security protocols of
Soundscape, that prevent or restrict the use or copying of any
Soundscape’s content or cause limitations on its’ features;
f. Use of your own or third-party software to modify any content appearing
within Soundscape, its environment or change how Soundscape is played;
g. Use of your own or third-party software to bypass or modify any
Soundscape architecture, development or design or create or provide any
other means through which Soundscape may be accessed and/or used by
others in ways other than those intended by Soundscape;
h. Engage in unauthorized linking to the Soundscape;
i. Infringe anyone’s copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity, likeness or privacy;
j. Mislead Soundscape and other users to acquire personal data or account
information;
k. Submit false reports of abuse or misconduct;
l. You may not impersonate Soundscape employees, consultants, partners
etc;
m. You may not impersonate another person, misrepresenting your affiliation
with an entity or person, hiding or attempting to hide your identity or
otherwise conducting fraud;
n. Engage in automated use systems, such as using scripts to send
comments or messages, or using any data mining, robots or similar data
gathering and extraction tools;
o. Interfere or disrupt Soundscape or functionality or take any action that
imposes excessive loads on Soundscape on architecture, development,
design or user experience;
p. Falsely identify yourself as another user or attempt use the username of
another user;
q. Transfer your profile;
r. Harass or abuse another person and you may not use language or images
that are or can be construed to be sexually explicit, unlawful, harmful,
threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or
racially, ethnically or otherwise offensive or objectionable;
s. You may not post or communicate any player's real-world information
(name, address, account name, etc.) in Soundscape, on the websites or in
any other forum or media, or make public anyone’s identification
documents, sensitive financial information, other sensitive personal
information or posting such information in Soundscape or other permitted
websites;
t. You may not harvest or collect email addresses or other contact
information of other users from Soundscape by electronic or other means,
for example for the purposes of sending unsolicited emails or other
unsolicited communications;
u. Circumvent security protocols designed to prevent or restrict access to
Soundscape, or any portion of Soundscape;
v. Remove the copyright or other proprietary rights notice from Soundscape;
w. Transmit content that contains any computer virus, worms, or other
potentially damaging computer programs or files including, but not limited
to viruses, Trojan horses, malware, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies or similar computer-generated
action intended to interferes with the Soundscape or other users;
x. Use, launch, develop or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper or offline reader
that accesses the Site, or using or launching any unauthorized script or
other software.
y. You will not exploit any bug in Soundscape, and you will not communicate
the existence of any such exploitable bug (bugs that grant any user
unnatural or unintended benefits) either directly or through public posting,
to any other Soundscape user. Bugs should be promptly reported to
support@soundscapeuniverse.com;
z. You will not attempt to experience Soundscape on any server or platform
that is not controlled or authorized by Soundscape, its designees or
platform/service providers;
5. ASSUMPTION OF RISK: You assume all risks that Soundscape, content, user
materials, and related information are suitable or accurate for your needs and will
be uninterrupted, timely, secure or error-free. Any Applications downloaded or
otherwise obtained through Soundscape are at your own discretion and risk and
you are solely responsible for any damage to your computer or data loss. By
participating in multi-player games or visiting Soundscape messaging, you may
be exposed to rude, crude, indecent, or other offensive language or references
that is not authorized or encouraged by Soundscape. You agree that neither
Soundscape, nor any of its affiliates or agents, shall be responsible for any loss
or damage of any sort relating to your dealings with any third-party advertiser or
content provider in the Applications and Services.
6. SUBSCRIPTIONS OR FEES: Soundscape may be provided as “free-to-play”
where you can access and play certain parts of Soundscape without any prior
payment. However, other versions of the Soundscape or certain additions, levels,
releases and/or features may be considered “premium features” where you must
pay a fee to gain access to advanced levels, features, etc. Where applicable, you
agree to pay in full for the purchasable Soundscape content that you have
ordered. We reserve the right at any time to charge fees for access to
Soundscape or to any specific new feature or content that we may introduce from
time to time. In no event will you be charged for access to Soundscape unless
we obtain your prior agreement to pay such fees. If you do not consent to the
payment of such fees, however, you may not have access to pay to play content.
Details regarding the pay to play services you will receive in exchange for fees,
as well as the payment terms and conditions that apply, will be disclosed to you
prior to your agreement to pay such fees. You agree to pay such fees if you sign
up for any fee-based service. Any such terms and conditions shall be deemed to
be a part of (and are hereby incorporated by reference into) these Terms. All fees
regarding pay to play are payable to the Platform provider from which you are
purchasing and downloading Soundscape. Soundscape is neither responsible
nor part of such transaction.
7. LIMITED NON-COMMERCIAL LICENSE TO USE SOUNDSCAPE: Soundscape
may offer you the ability to use certain additions, levels, releases and/or features,
including without limitation, live music streamed events, trivia and other third-
party content streamed events, instant messages, bulletin boards, e-mail
functions, software and services that allow you to download specific content to
your computer. Without limiting your obligations and restrictions described above,
your limited license to use Soundscape are subject to the following conditions:
a. You acknowledge and agree that all content, design elements, and
materials available in Soundscape, e.g. brands graphics, logos, designs,
characters, objects, environments, worlds, icons, scripts and service
and/or product names (“Soundscape Content”) are owned by Soundscape
and/or its licensors and protected by copyrights, trademarks, patents,
trade secrets, and/or other proprietary rights of Soundscape and licensors.
Soundscape and licensors retain all right, title and interest in and to
Soundscape Content.
b. Soundscape Content made available to you are the copyrighted work of
Soundscape and/or licensed third-party copyrights, patents or trademarks.
Only these Terms shall govern your use of Soundscape. You may not
download or use any content from the Soundscape without agreeing to
these Terms. Certain content may be owned by third parties and
distributed under a third-party license and you agree that Soundscape
shall not be responsible for any loss or damage of any sort relating to your
dealings with such third-parties.
i. Additionally, third party licensees who utilize Soundscape for use in
live streamed VR events acknowledge that Soundscape is not
liable for unapproved third-party recording and posting of their
experience in the live event including licensees’ audio and video
copyrights.
c. Unless expressly stated otherwise in these Terms, you are granted only a
limited license to download and/or use Soundscape from a single
computer for personal and non-commercial purposes unless otherwise
acknowledged by Soundscape.
d. You may not make copies of or distribute our content or electronically
transfer the content from one computer to another or over a network, nor
may you separate any content from Soundscape. You may not decompile,
reverse engineer, disassemble or otherwise reduce the content to human
perceivable form.
e. You may not create derivative works of the content and you may not
export the content in violation of any U.S. or foreign law, rule or regulation.
f. All rights in Soundscape not specifically granted to you in writing by
Soundscape are reserved to Soundscape.
g. Soundscape may cease support of content at any time in its sole
discretion or terminate your use of or access to any content or Services.
h. Content you use or download from Soundscape may contain third party
digital rights management systems ("DRMS") which may allow for
communication between your software and the third party and utilize
security features (e.g., preventing distribution of or access to the
applications in the event of unauthorized use). These DRMS are subject to
their own license agreements and you agree that Soundscape shall not be
responsible for any loss or damage of any sort relating to or resulting from
the use of the DRMS or your dealings with such third parties.
i. Unless explicitly stated herein, nothing in these Terms shall be construed
as conferring to you any license to Soundscape or its content, whether by
estoppel, implication or otherwise.
j. You agree not to assert any claim, action or proceeding against
Soundscape for infringement of any patents, patent rights or other
intellectual property rights.
k. Soundscape may from time-to-time update or otherwise modify the
services and/or content or require the user to install updates, patches or
fixes (“updates”). Updates may change soundscape’s terms, conditions,
features, items, mechanics, or any other element. You must agree to any
and all game terms and conditions and install such updates before you will
be allowed to proceed to play. If you fail to install the new release when
required, soundscape will not be responsible in any way for your inability
play as intended, and you shall not be entitled to receive a refund of any
prepaid fees or any other form of compensation.
8. CANCELLATION/DEACTIVIZATION:
a. We may terminate your use of and registration on the Application at any
time and for any reason, with or without cause, without prior notice to you
and without any liability or further obligation of any kind whatsoever to you
or any other party.
b. Account Termination: If you are registered to use the Soundscape, you
may deactivate your account on the Application, at any time and for any
reason, by logging in to your account and then by clicking on the "My
Account" link and then selecting the "Cancel My Account" option or if
unable to remotely terminate your account, You may disable your access
to Soundscape by contacting us at ___@soundscapeuniverse.com.
c. All fees paid for a durational period as outlined shall not be refunded or
reimbursed, however, any fees charged after your termination notice shall
be refunded.
9. PRIVACY: By accepting these Terms, you expressly consent to our use of your
personal information as explained in our Privacy Policy, which is incorporated
herein by reference. This includes all personal information acquired from your
registration and personal data entered in order to provide the criteria needed for
optimal Services. Please see Soundscape’s Privacy Policy.
a. Third-Party Links: We may provide links to other Web sites or Internet
resources for your convenience only, and such links do not signify or imply
our endorsement of such other Web sites or resource or its contents over
which we have no control and which we do not monitor.
i. You use those links at your own risk and should apply a reasonable
level of caution and discretion in doing so. The appearance,
availability, or your use of URLs or hyperlinks referenced or
included anywhere on the site or any other form of link or re-
direction of your connection to, with or through the Application,
does not constitute an endorsement by, nor does it incur any
obligation, responsibility or liability on the part of Soundscape, or
any of its Affiliates, any of their successors and assigns, and any of
their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational
service providers.
ii. Soundscape does not review or evaluate any third party
advertisements or games, websites, services etc. linked to
Soundscape and is not responsible for the accuracy, copyright
compliance, legality, decency, or appropriateness of the
advertisements, content, websites, services etc. nor is it
responsible for the advertising, products, or other materials that
may appear in or are offered by such advertisements, games,
websites, services, Platforms etc.
iii. We do not verify, endorse or have any responsibility for any
such third-party sites, their business practices (including their
privacy policies), or any goods or services associated with or
obtained in connection with any such site, whether the Services,
Soundscape, or any of its Affiliates' logo or sponsorship
identification is on the third-party site as part of a co-branding or
promotional arrangement.
iv. If any third-party site obtains or collects personal information
from you, in no event shall we assume or have any responsibility or
liability You agree that we shall have no responsibility or liability for
any information, software, or materials found at any other web site
or internet resource.
b. ADS AND MALWARE: We take great care and pride in creating
Soundscape. We are always on the lookout for technical glitches that
effect how the Soundscape works. When we find them on our end, we will
fix them immediately. Unfortunately, your home computer may cause
some glitches that effect how you see Soundscape-- and that is beyond
our control. If you experience any unusual behavior, content or ads on
Soundscape, it may be the result of Malware on your computer. Malware -
- short for MALicious softWARE -- is a term used to broadly classify a form
of software which is installed in a computer system with malicious
intentions, usually without the owner's knowledge or permission. Malware
includes computer viruses, key loggers, malicious active content, rogue
programs and dialers, among others. While we continuously work closely
with our partners to ensure that everything on Soundscape is working
properly, sometimes Malware programs on your personal computer may
interfere with your experience on Soundscape and on other sites that you
visit. Please note that we cannot be responsible for the effects of any
third-party software including Malware on your computer system. Please
make sure to carefully read the Help or Customer Support areas of any
third-party software and/or download site. We suggest that you take some
of the following actions which may help to clean your computer and which
could prevent future installations of Malware.
i. Update your computer via Windows Update (found in the Tools
menu in your Internet Explorer web browser).
ii. Install a SpyWare Removal Tool such as Spybot Search and
Destroy or AdAware to clean your computer of Malware.
iii. Install antivirus software. Consult your IT department or
computer technician for which brand is best for you.
iv. If you do discover any Malware on your system, we also
suggest you speak with a qualified computer technician.
v. If, after taking the above actions, you are still experiencing
any problems, please feel free to contact us at (email address)
10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY
a. Soundscape respects the intellectual property of others and expects our
users to do so as well. Should Soundscape allow user generated content,
each user must ensure that the materials they upload does not infringe on
any third-party copyrights. Soundscape will promptly remove materials in
accordance with the Digital Millennium Copyright Act (“DMCA”) when
properly notified that the materials infringe on a third party's copyright.
Soundscape also reserves the right to terminate the accounts of repeat
copyright infringers.
b. If you believe content in or accessible is in violation of your copyright or
trademark rights, please submit a “DMCA Takedown Notice.” See below.
Upon receipt of a bona fide DMCA Takedown Notice, We will act
expeditiously to remove the purported infringing material.
c. We request additional information necessary to make your notice
complete. If you fail to provide the requested information, your request
may not be processed.
DMCA Takedown Notices
To request the removal of materials based upon
copyright infringement, you must file a notice
containing the following:
Your name, company name, full legal name of
the copyright holder that you represent, your
address, telephone number, email address (if
any) and country of residence.
A description of the copyrighted work that you
claim has been infringed.
A description of where on Soundscape the
material that you claim is infringing may be
found, sufficient for Soundscape to locate the
material (e.g., the online level ID or the URL).
A statement that you have a good faith belief
that the use of the copyrighted work is not
authorized by the copyright owner, its agent, or
the law.
A statement by you UNDER PENALTY OF
PERJURY that the information in your notice is
accurate and that you are the copyright owner
or authorized to act on the copyright owner's
behalf.
Your electronic or physical signature.
You may file your notice to:
By email:
takedown@soundscapeuniverse.
com
11. MODIFICATIONS: We reserve the right, at any time and from time to time, for
any reason in our sole discretion, to change these Terms. We will post or display
notices of material changes on Soundscape and notify you upon login about
these changes; the form of such notice is at our discretion.
a. Such changes and/or modifications shall become effective immediately
upon the posting thereof.
b. Please review our terms of use periodically.
c. Your continued use of Soundscape following the posting of changes
and/or modifications will constitute your acceptance of the revised Terms
of use.
d. We reserve the right to modify, suspend or discontinue all or any aspect of
Soundscape with or without notice to you. Without limitation to the
preceding sentence, we may periodically schedule system downtime for
maintenance and other purposes. You also acknowledge that unplanned
system outages may occur.
e. Soundscape is provided over the Internet/metaverse and so the quality
and availability may be affected by factors outside our reasonable control.
Accordingly, we cannot accept any responsibility for any connectivity
issues that you may experience when using Soundscape or for any loss of
material, data, transactions or other information caused by system
outages, whether planned or unplanned.
f. You agree that we shall not be liable to you or any third-party should
Soundscape exercise its right to modify, suspend or discontinue the
Services.
12. INTELLECTUAL PROPERTY: All content, including, but not limited to Patents,
Copyrights, trademarks, software copyrights, source code, functionality,
databases, Site designs (text, graphics, photographs, audio, video), generated
letters, trademarks, trade dress, service marks, logos, patents except that which
is specifically designated as owned by a third party author or developer are either
owned by Soundscape or licensed to us, and are therefore protected by
copyright, trademark or patent laws and other intellectual property rights and
unfair competition laws of the United States, foreign jurisdictions and
international conventions (“Intellectual Property”).
a. No Intellectual Property may be copied or reproduced and distributed,
sold, licensed or otherwise exploited for any commercial purposes or
personal favor to another without our express prior written permission.
b. You agree that the services you purchase, copy or download may only be
used by you for your personal use.
c. You are granted a limited license to access and use Soundscape.
d. We reserve all rights not expressly granted to you herein.
e. You may record and post your Soundscape experiences in social
media, however, you may not include in your posting any
corresponding musical content constituting copyrights owned by
third parties.
13. WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, SOUNDSCAPE DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
a. Soundscape makes no representation or warranty of any kind, express or
implied: (i) as to the architecture, design, information, content, materials
etc.; (ii) that Soundscape will be continuously functioning, uninterrupted,
securely or error-free; (iii) as to the accuracy, reliability, or currency of any
information, content, products and services provided; or (iv) that the
servers, platforms, or e-mails sent from or on behalf of Soundscape, are
free of viruses, scripts, trojan horses, worms or other harmful components.
b. Although Soundscape provides rules for user conduct and postings,
Soundscape does not control and is not responsible for what users post,
transmit, nor are we responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter in
Soundscape or in connection with any third-party applications, software or
content.
c. Soundscape is not responsible for the conduct, whether online or offline,
of any player of the game.
14. LIMITATIONS OF LIABILITY: Nothing in these Terms shall limit or exclude our
liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or
fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or
limited under the Laws of any state within the United States of America. We are
responsible for loss or damage you suffer that is a foreseeable result of our
breaching these Terms or our failing to use reasonable care and skill.
a. However, you understand that to the extent permitted under applicable
law, in no event will we or our officers, employees, directors, shareholders,
parents, subsidiaries, affiliates, agents, subcontractors or licensors be
liable under any theory of liability (whether in contract, tort, statutory, or
otherwise) for any unforeseeable, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of revenues, profits, business, business interruption,
business opportunity goodwill, use, data or other intangible losses (even if
such parties were advised of, knew of or should have known of the
possibility of such damages), resulting from your (or anyone using your
account’s) use of the Services.
b. We will not be liable for damages which you could have avoided by
following our advice, including Heath and Safety Alerts, applying updates,
patches or errors corrections offered to you free of charge or to have in
place the minimum system requirements advised by us.
c. We will not be liable or responsible for any failure to perform, or any delay
in the performance of, any of our obligations under these Terms that is
caused by any event or circumstances beyond our reasonable control,
including any failure of public or private telecommunications networks or
any delays or latency due to your physical location or your wireless data
service provider’s network.
d. Unless otherwise provided by applicable law, in no event shall our liability
to you exceed the amount of fees you paid us (if applicable) for a period of
three months prior to the date you submit a claim.
e. Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply
to you. To the extent that we may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and duration
of such warranty and the extent of our liability shall be the minimum
permitted under such applicable law.
15. ARBITRATION AGREEMENT AND LEGAL CONSIDERATION: Please read the
following ARBITRATION AGREEMENT carefully because it requires you to
arbitrate certain disputes and claims with Soundscape, and any of its
subsidiaries, affiliates, brands and entities that it controls limits the manner in
which you can seek relief from us. Both you and Soundscape acknowledge and
agree that for the purposes of any dispute arising out of or relating to the subject
matter of these Terms, Soundscape’s officers, directors, employees and
independent contractors (“Personnel”) are third-party beneficiaries of these
Terms, and that upon your acceptance of these Terms, Personnel will have the
right (and will be deemed to have accepted the right) to enforce these Terms
against you as the third-party beneficiary hereof.
a. Arbitration Rules; Applicability of Arbitration Agreement: The parties shall
use their best efforts to settle any dispute, claim, question, or
disagreement arising out of or relating to the subject matter of these
Terms directly through good-faith negotiations, which shall be a
precondition to either party initiating arbitration. If such negotiations do not
resolve the dispute, it shall be finally settled by binding arbitration. The
arbitration will proceed in the English language, in accordance with the
AAA or JAMS arbitration rules and procedures (the “Rules”) then in effect,
by one commercial arbitrator with substantial experience in resolving
intellectual property and commercial contract disputes. The arbitrator shall
be selected from the appropriate list of AAA or JAMS arbitrators in
accordance with such Rules. Judgment upon the award rendered by such
arbitrator may be entered in any court of competent jurisdiction.
i. Unless you and Soundscape agree otherwise, the arbitration will be
conducted in a confidential manner, in the country where you
reside. If in the United States, arbitration shall be held in Denver
Colorado.
b. This arbitration requirement shall not be construed to prevent either party
from seeking injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights (the action described
in this sentence, an "IP Protection Action"). Notwithstanding this arbitration
agreement, Soundscape reserves the right to bring an action in any court
of competent jurisdiction against you to stop and/or seek compensation for
the intentional or willful misuse or abuse (including but not limited to
hacking or falsifying location) of its intellectual property, products and
Services.
c. You shall continue to have the right under compulsorily applicable law
(i.e., law which cannot be disclaimed and/or excluded under these Terms),
you will have the right to litigate a dispute if you provide Soundscape with
written notice of your desire to do so by email to
support@soundscapeuniverse.com within thirty (30) calendar days
following the date you first accept these Terms (such notice, an
"Arbitration Opt-out Notice"). If such an Arbitration Opt-out opportunity is
required under compulsorily applicable law and you don’t provide
Soundscape with an Arbitration Opt-out Notice within the thirty (30)
calendar day period, you will be deemed to have knowingly waived your
right to litigate. Unless both you and Soundscape agree in writing, the
arbitrator may not consolidate more than one person’s claims and may not
otherwise preside over any form of any class or representative
proceeding.
i. Should your claim not exceed $10,000 (US), then the arbitration will
be conducted solely on the basis of the documents that you and
Soundscape submit to the arbitrator, and there will be no other
discovery conducted (such as depositions), unless the arbitrator
determines that a hearing is necessary.
d. Costs of Arbitration: AAA Rules will govern payment of all arbitration fees.
The parties shall share equally in the costs of the Arbitration and shall be
responsible for their own attorneys’ fees. Soundscape will not seek its
attorneys’ fees and costs in arbitration unless the arbitrator determines
that your claim is frivolous.
e. Equitable Relief and/or Small Claims Court: Either you or Soundscape
may assert claims qualifying claims in small claims court in Denver,
Colorado or any United States county where you live or work.
Furthermore, notwithstanding the foregoing obligation to arbitrate
disputes, each party shall have the right to pursue injunctive or other
equitable relief at any time, from any court of competent jurisdiction, to
prevent the actual or threatened infringement, misappropriation or
violation of a party’s copyrights, trademarks, trade secrets, patents or
other intellectual property rights.
f. Arbitrator’s Decision: The arbitrator will render an award within the time
frame specified in the AAA Rules. The arbitrator’s decision will be treated
as confidential and will include the essential findings and conclusions
upon which the arbitrator based the award. Confirmation and enforcement
of the arbitration award may be done in any court of competent
jurisdiction.
g. Waiver of Jury Trial: You and Soundscape WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND
HAVE A TRIAL IN FRONT OF A JUDGE OR JURY and instead choose to
have claims and disputes resolved by arbitration.
h. In any litigation between you and Soundscape over whether to vacate or
enforce an arbitration award, YOU AND Soundscape WAIVE ALL
RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be
resolved by a judge.
i. Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON
A CLASS BASIS. CLAIMS OF MORE THAN ONE Consumer OR user
CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER claimants. However,
should this waiver of class or consolidated actions is deemed invalid or
unenforceable, neither you nor Soundscape is entitled to arbitration;
instead all claims and disputes will be resolved in a court of law within the
appropriate jurisdiction.
j. Opt-out Notice: You have the right to opt out of the provisions of this
Section by sending written notice of your decision to opt out to
Soundscape Legal as first identified above, postmarked within thirty (30)
days of first accepting these Terms.
i. You must include (i) your name and residence address, (ii) the
email address and/or telephone number associated with your
account, and (iii) a clear statement that you want to opt out of these
Terms’ arbitration agreement.
ii. Notices sent to any other address, or sent by electronic mail or
communicated orally, will not be accepted or effective.
k. Exclusive Venue: If you send the opt-out notice identified above in (f),
and/or in any circumstances where the foregoing arbitration agreement
permits either you or Soundscape to litigate any dispute arising out of or
relating to the subject matter of these Terms in court, then the foregoing
arbitration agreement will not apply to either party, and both you and
Soundscape agree that any judicial proceeding (other than small claims
actions) will be brought in the state or federal courts located in,
respectively, Denver, Colorado, or the federal district in which that county
falls.
i. All claims are to be governed by the laws of the State of Colorado,
United States of America.
l. Severability: If the prohibition against class actions and other claims
brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in this Arbitration
Agreement section will be null and void and thereafter shall be governed
pursuant to subparagraph (g) above.
m. This arbitration agreement will survive the termination of your relationship
with Soundscape.
16. MISCELLANEOUS:
a. Entire Agreement: These Terms, together with the Health & Safety Alerts,
Privacy Notice and the terms of any end user license agreement to which
you agree when downloading any software that we make available
through Soundscape and any additional terms to which you agree when
using particular elements of Soundscape constitute the entire and
exclusive and final statement of the Agreement between you and us with
respect to the subject matter hereof as identified herein within these
Terms, and govern your use of the Soundscape, superseding any prior
agreements or negotiations between you and us with respect to the
subject matter hereof.
b. Transfer of Rights: You may not transfer your rights or obligations under
these Terms to anyone else without our prior written consent.
c. Conflicts: In the event of any conflict between these Terms and terms of a
specific service within the network of Application affiliates, these Terms
shall govern.
d. Waiver and Severability: Our failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision.
i. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, you nevertheless agree that the court
should endeavor to give effect to the intentions of Soundscape and
you as reflected in the provision, and that the other provisions of
these Terms remain in full force and effect.
ii. If we do not insist immediately that you do anything you are
required to do under these Terms, or if we delay in taking steps
against you in respect of your breaking these Terms, that will not
mean that you do not have to do those things and it will not prevent
us taking steps against you at a later date.
iii. For users outside of the United States of America, You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or these Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
e. Headings: The section titles in these Terms are for convenience only and
have no legal or contractual effect.
f. Survival: These Terms, as well as any other limitations on liability explicitly
set forth herein, shall remain in full force and effect notwithstanding any
termination of your use of the Services.
g. Our Relationship:
i. Both parties are independent of each other.
ii. No other person shall have any rights to enforce any of the
provisions contained in these Terms.
iii. Neither party shall be deemed an employee, agent, partner,
joint venture or legal representative of the other for any purpose,
and neither shall have any right, power or authority to create any
obligation or responsibility on behalf of the other, solely as a result
of these Terms.
iv. In no event shall you be deemed under these Terms as
being one of our employees or entitled to any of our employee
benefits.
17. HEALTH & SAFETY: Thank you for your interest in the Soundscape virtual
reality (“VR”) music experience. Soundscape was created with you in mind and
our primary goal is for you to have an unforgettable unique entertainment
experience. Although our primary goal is your happiness, your health and safety
are paramount. Like other enjoyment or leisure activities such as skiing,
swimming, sports, etc., you must participate in a healthy and safe manner.
Please review these health and safety considerations when participating in VR.
⚠ WARNING HEALTH AND SAFETY ALERTS
Step 1: Understand General VR Risks.
a. Participating in VR experiences involves some risks, including, but not
limited to loss of balance, inability to see your physical surroundings,
inability to hear sounds in your physical surroundings, parts of your body
hitting or otherwise contacting people or objects in your physical
surroundings, repetitive or strenuous motion, involuntary motion or action,
eyesight or hearing stress associated from frequent or prolonged use. You
will be moving your head, limbs and other body parts, which could cause
serious injury or death to you, people near you, or property if you do not
follow these health and safety guidelines. While wearing your headset and
experiencing Soundscape, you will have a limited or altered view and you
will not be able to see everything or possibly anything in the physical room
around you.
b. People react differently to the highly immersive and perceived reality
combined with flashing lights and music. Certain people may experience
general health reactions such as epileptic seizures, loss of consciousness,
altered vision, motion sickness, dizziness, disorientation or nausea,
repetitive motion injuries and eye strain. Immediately stop playing if you
experience any of the above symptoms or suffer other physical concerns.
Step 2: Know Your Headset And Platform.
a. Locate, read and understand your Headset manufacturer's guidelines, as well
as your marketplace, platform, and/or forum guidelines and notices, and that
any failure to adhere to any such guidelines or precautions may cause
damage to property, personal injury to you or others, or death. Always use the
Headset in accordance with your Headset manufacturer's guidelines.
Meta Quest Safety Link
Valve Index Safety Link
HTC Vive Safety Link
Sony Playstation VR Safety Link
Steam
Step 3: Know Your Body And Current Health Condition, Capabilities And
Concerns.
Consult with your doctor before engaging in VR play or Soundscape if you are: (A) pregnant, (B)
suffer from a heart condition, (3) elderly, (4) using prescription or non-prescription medication,
(5) or have vision abnormalities, (6) psychiatric disorders and/or (7) other serious medical
conditions.
Seizure warning: If you are prone to seizures when exposed to flashing lights or light patterns,
take precautions and play under supervision. Exposure to certain light patterns or backgrounds
on virtual reality/augmented reality equipment such as headsets or glasses may induce an
epileptic seizure, motion sickness even in persons who have no history of prior seizures or
epilepsy.
Do not play the Game while experiencing any of the following, as it may increase your
susceptibility to harm while playing the Game:
Tiredness or
exhaustion;
Under the influence of
alcohol or drugs;
Hung-over;
When suffering from
cold, flu, headaches,
migraines, or earaches.
Under emotional stress
or anxiety; or
Have digestive
problems;
Step 4: Know Your Play Space.
Ensuring your space is large enough to allow you play without coming into
contact with objects, and including a buffer between your space and any objects
that is large enough if you inadvertently trip or fall.
Consider room size, ceiling height, posts, columns, doors, stairs or ramps,
balconies, open doorways or windows, uneven floors, loose rugs or carpeting,
wall art, pets, ceiling fans, light fixtures, people, drunk friends, candles or open
flames, televisions, computer monitors, Avoiding playing in, near, or under areas,
objects, animals, or other things that could cause injury through trips, falls,
contacts, strikes, loss of balance, or other unsafe conditions or interactions, such
as:
Never experience Soundscape in situations that require attention, such as
running, bicycling, use of treadmills, ellipticals or other exercise machines,
driving, or handling hazardous objects.
Take appropriate steps to prevent other people, pets, children from entering your
space.
Stop Soundscape if your environment or space changes and becomes unsafe.
Should someone or something enter your space, please pause Soundscape and
remove your Headset to ensure your space is still safe.
Step 5: Proceed with Caution.
It is highly recommended you take a reasonable break from Soundscape, every
ten (10) to fifteen (15) minutes. Always take a break if you feel discomfort and
don’t start again until you are no longer feeling discomfort. Extended use without
adequate breaks may increase the risk of injury, other adverse effects, or
property damage.
Move carefully while playing the Game. Fast or abrupt motion may cause a
collision or loss of balance. If you lose your balance or your sense of balance
feels affected, stop playing the Game and take a break until normal balance
returns.
Do not interact with real-world objects while experiencing Soundscape.
Immediately discontinue Soundscape driving, operate machinery, or engaging in
other activities requiring physical or visual coordination.
Stop or Pause Soundscape if any of the following symptoms are experienced:
Seizures;
Eye strain;
Nausea;
Impaired balance;
Eye or muscle
twitching;
Altered, blurred, or double
vision or other visual
abnormalities;
Fatigue;
Drowsiness;
Dizziness;
Excessive sweating;
Increased salivation;
Pain or discomfort;
Disorientation;
Impaired hand-eye
coordination;
Motion sickness symptoms
Involuntary movements;
Lightheadedness;
Step 6: You Acknowledge You Understand Our Concern For Your Health And
Safety.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE
RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES
at all times when experiencing Soundscape. YOU ACKNOWLEDGE THAT
FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY
CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY,
PERSONAL INJURY TO YOU, OR DEATH.
18. YOU HEREBY RELEASE SOUNDSCAPE AND ITS RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE
PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR
SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS,
CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS FROM
ANY AND ALL LIABILITY IN CONNECTION WITH ANY AND ALL CLAIMS
PERTAINING TO THE USE OF A HEADSET, RELATED EQUIPMENT, OR
SOUNDSCAPE ITSELF.
⚠ WARNING HEALTH AND SAFETY ALERTS
Thank you for your interest in the Soundscape virtual reality (“VR”) music
experience. Soundscape was created with you in mind and our primary goal is for you
to have an unforgettable unique entertainment experience. Although our primary goal is
your happiness, your health and safety are paramount. Like other enjoyment or leisure
activities such as skiing, swimming, sports, etc., you must participate in a healthy and
safe manner. Please review these health and safety considerations when participating
in VR.
Step 1: Understand General VR Risks.
Participating in VR experiences involves some risks, including, but not limited to
loss of balance, inability to see your physical surroundings, inability to hear sounds in
your physical surroundings, parts of your body hitting or otherwise contacting people or
objects in your physical surroundings, repetitive or strenuous motion, involuntary motion
or action, eyesight or hearing stress associated from frequent or prolonged use. You will
be moving your head, limbs and other body parts, which could cause serious injury or
death to you, people near you, or property if you do not follow these health and safety
guidelines. While wearing your headset and experiencing Soundscape, you will have a
limited or altered view and you will not be able to see everything or possibly anything in
the physical room around you.
People react differently to the highly immersive and perceived reality combined
with flashing lights and music. Certain people may experience general health reactions
such as epileptic seizures, loss of consciousness, altered vision, motion sickness,
dizziness, disorientation or nausea, repetitive motion injuries and eye strain.
Immediately stop playing if you experience any of the above symptoms or suffer other
physical concerns.
Step 2: Know Your Headset And Platform.
Locate, read and understand your Headset manufacturer's guidelines, as well as
your marketplace, platform, and/or forum guidelines and notices, and that any failure to
adhere to any such guidelines or precautions may cause damage to property, personal
injury to you or others, or death. Always use the Headset in accordance with your
Headset manufacturer's guidelines.
Meta Quest Safety Link
Valve Index Safety Link
HTC Vive Safety Link
Sony Playstation VR Safety Link
Steam
Step 3: Know Your Body And Current Health Condition, Capabilities And
Concerns.
Consult with your doctor before engaging in VR play or Soundscape if you are: (A) pregnant, (B)
suffer from a heart condition, (3) elderly, (4) using prescription or non-prescription medication,
(5) or have vision abnormalities, (6) psychiatric disorders and/or (7) other serious medical
conditions.
Seizure warning: If you are prone to seizures when exposed to flashing lights or light patterns,
take precautions and play under supervision. Exposure to certain light patterns or backgrounds
on virtual reality/augmented reality equipment such as headsets or glasses may induce an
epileptic seizure, motion sickness even in persons who have no history of prior seizures or
epilepsy.
Do not play the Game while experiencing any of the following, as it may increase your
susceptibility to harm while playing the Game:
Tiredness or
exhaustion;
Under the influence of
alcohol or drugs;
Hung-over;
When suffering from
cold, flu, headaches,
migraines, or earaches.
Under emotional stress
or anxiety; or
Have digestive
problems;
Step 3: Know Your Play Space.
Ensuring your space is large enough to allow you play without coming into
contact with objects, and including a buffer between your space and any objects
that is large enough if you inadvertently trip or fall.
Consider room size, ceiling height, posts, columns, doors, stairs or ramps,
balconies, open doorways or windows, uneven floors, loose rugs or carpeting,
wall art, pets, ceiling fans, light fixtures, people, drunk friends, candles or open
flames, televisions, computer monitors, Avoiding playing in, near, or under areas,
objects, animals, or other things that could cause injury through trips, falls,
contacts, strikes, loss of balance, or other unsafe conditions or interactions, such
as:
Never experience Soundscape in situations that require attention, such as
running, bicycling, use of treadmills, ellipticals or other exercise machines,
driving, or handling hazardous objects.
Take appropriate steps to prevent other people, pets, children from entering your
space.
Stop Soundscape if your environment or space changes and becomes unsafe.
Should someone or something enter your space, please pause Soundscape and
remove your Headset to ensure your space is still safe.
Step 4: Proceed with Caution.
It is highly recommended you take a reasonable break from Soundscape, every
ten (10) to fifteen (15) minutes. Always take a break if you feel discomfort and
don’t start again until you are no longer feeling discomfort. Extended use without
adequate breaks may increase the risk of injury, other adverse effects, or
property damage.
Move carefully while playing the Game. Fast or abrupt motion may cause a
collision or loss of balance. If you lose your balance or your sense of balance
feels affected, stop playing the Game and take a break until normal balance
returns.
Do not interact with real-world objects while experiencing Soundscape.
Immediately discontinue Soundscape driving, operate machinery, or engaging in
other activities requiring physical or visual coordination.
Stop or Pause Soundscape if any of the following symptoms are experienced:
Seizures;
Eye strain;
Nausea;
Fatigue;
Drowsiness;
Dizziness;
Impaired balance;
Eye or muscle
twitching;
Excessive sweating;
Increased salivation;
Pain or discomfort;
Disorientation;
Altered, blurred, or double
vision or other visual
abnormalities;
Impaired hand-eye
coordination;
Motion sickness symptoms
Involuntary movements;
Lightheadedness;
Step 5: You Acknowledge You Understand Our Concern For Your Health And
Safety.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE
RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES
at all times when experiencing Soundscape. YOU ACKNOWLEDGE THAT
FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY
CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY,
PERSONAL INJURY TO YOU, OR DEATH.
Terms of Service and Conditions of Use
Last Updated: January 22, 2024
Welcome to Soundscape. Groove Science Studios, Inc., a Delaware corporation
doing business in Colorado and d/b/a Soundscape (hereinafter “Soundscape, we, our or
us”) is proud to create and provide its users (hereinafter “Users, You, Your”) our highly
immersive mixed reality experience in virtual reality (“VR”), PC cross Play (“PC PLAY”)
and mobile device (“Mobile Play”). PLEASE READ THESE TERMS OF USE (“TERMS”)
CAREFULLY BEFORE ACCESSING THE GAME, AS THE TERMS GOVERN YOUR
USE OF THE GAME, AND YOU ARE ONLY PERMITTED TO USE AND/OR PLAY
THE GAME PROVIDED YOU HAVE REVIEWED AND ACCEPTED THE TERMS. For
all notices and communication, please contact us at the following:
soundscapevr@gmail.com
SOUNDSCAPE’S USERS’ EXPERIENCE AND ENJOYMENT IS OUR PRIMARY
GOAL, HOWEVER, YOUR HEALTH & SAFETY WHILE PLAYING IS PARAMOUNT
SO PLEASE CONSIDER THE FOLLOWING SAFETY CONCERNS AND REVIEW
OUR HEALTH & SAFETY ALERTS BEFORE PLAYING AND ACCEPTING THESE
TERMS OF USE.
YOU ACKNOWLEDGE THAT FAILURE TO ABIDE BY AND TAKE SERIOUS
CONSIDERATION REGARDING THESE HEALTH AND SAFETY GUIDELINES
MAY CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO
PROPERTY, PERSONAL INJURY TO YOU, OR IN EXTREME SITUATIONS,
EVEN DEATH.
⚠WARNING: YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE
SOUNDSCAPE. Viewing Soundscape content is not recommended for children
without adult supervision. You represent and warrant that you meet the minimum age
requirement to form a binding contract (or if not, you’ve received your parent’s or
guardian’s permission to use Soundscape and have gotten your parent or guardian to
agree to these terms on your behalf). If you, or your parent or guardian, do not agree
to these terms, you are not permitted to use our services. These terms have the same
force and effect as an agreement in writing.
⚠WARNING: Soundscape produces an immersive VR experience, and users’
reactions differ. A very small percentage of individuals may experience epileptic
seizures or blackouts when exposed to certain light patterns or flashing lights. Such
seizures are more common in children and young people under the age of 20.
Exposure to certain patterns or backgrounds on a variety of screens or when playing
video games may trigger epileptic seizures or blackouts in these individuals. These
conditions may trigger previously undetected epileptic symptoms or seizures in
persons who have no history of prior seizures or epilepsy. If you, or anyone in your
family has an epileptic condition or has had seizures of any kind, consult your
physician before playing. IMMEDIATELY DISCONTINUE use and consult your
physician before resuming Soundscape. If you or your child experience any of the
following health problems or symptoms: Dizziness Altered vision, Eye or muscle
twitches, Loss of awareness, Disorientation, Seizures or Any involuntary movement
or convulsion. Anyone who previously has had a seizure, loss of awareness, or other
symptom linked to an epileptic condition should see a doctor before using the
headset.
⚠WARNING: See a doctor before viewing VR Content or entering Soundscape if you
have a history of or if you are prone to seizures. The Soundscape experience, at
certain times, enhances its immersive experience with variations of flashing lights and
strobes.
⚠WARNING: Use caution to avoid injury and remain seated unless your content
experience requires standing. Serious injuries can occur from tripping, running into or
striking walls, furniture or other objects, so clear an area for safe use before using the
headset.
⚠WARNING: The hyper realistic spatial integration in height, dimensions and
elements of surprise affect people differently. Remain seated whenever possible
during your Soundscape experience and take special care to be aware of your
surroundings to ensure you do not injure yourself or other people around you while
you are experiencing Soundscape.
⚠WARNING: BEFORE EXPERIENCING SOUNDSCAPE & GENERAL
PRECAUTIONS:
Identify Who Manufactures The VR/AR Headset You Are Using.
Locate, read and understand your headset manufacturer's guidelines. Provided
below are links to some, but not all, headset manufacturers’ use and safety
guidelines.
Meta Quest Safety Link
Valve Index Safety Link
HTC Vive Safety Link
Sony Playstation VR Safety Link
⚠WARNING: Use Only In A Safe & Inspected Area: Soundscape produces an
immersive VR experience that distracts you from and blocks your view of your actual
surroundings so remove obstacles which may interfere with your balance or could
cause you personal injury should you accidentally come in contact with it. Be aware of
your surroundings before experiencing Soundscape or while using your headset for
any other VR/AR use.
Take special care to ensure that you are not near other people, objects,
stairs, balconies, open doorways, windows, furniture, open flames,
ceiling fans or light fixtures or other items that you can bump into or
knock down when using, or immediately after using Soundscape.
Remove any tripping hazards from the area before using the headset.
Secure doors or entrances near play zone. Consider that while using
the headset you may be unaware that people may enter your immediate
area.
⚠WARNING: Balance: Experiencing Soundscape and using VR/AR headset mays
cause loss of balance. Remember that the objects you see in the VR environment do
not exist in the real environment, so don’t sit or stand on them or use them for
support.
⚠WARNING: General Safety:
Do not handle sharp or otherwise dangerous objects while using the
headset.
Never wear the headset in situations that require attention, such as
walking, bicycling, or driving.
Make sure any headphone cables if used are not tripping hazards.
Do not experience Soundscape or use your headset while in a moving
vehicle such as a car, bus, or train, as this can increase your
susceptibility to adverse symptoms.
Take at least a 10 to 15 minute break every 30 minutes, even if you
don’t think you need it. Each person is different, so take more frequent
and longer breaks if you feel discomfort.
⚠WARNING: Hearing Safety: Do not use the headset with the sound at a high
volume so that you can maintain awareness of your surroundings and reduce the risk
of hearing damage.
Important Notices:
Soundscape may record your VR experience and may use such recording in
advertisements, demonstrations or general social media posts without seeking
any additional permission or license from you.
To use Soundscape in public settings (VR arcade, cafe, music festival, etc.), a
monthly license is required for each PC the Applications and Services are
installed on at your place of operation.
Disputes must be arbitrated pursuant to the arbitration provision contained herein
and you should consider the limitations on liability contained hereto.
Your computer will be subject to allowing Cookies so as to better your
experience and to allow Soundscape to better serve you.
Soundscape suggests Printing a copy of these Terms for future reference.
⚠WARNING: SORRY TO REPEAT THIS, BUT IT IS OUR SPECIFIC INTENT TO
REPEAT THESE WARNINGS ABOUT YOUR HEALTH AND SAFETY BECAUSE
WE SINCERELY CARE ABOUT YOU. WE ARE SOLELY IN BUSINESS FOR YOU
AND WE WOULD BE CRUSHED IF SOMETHING WERE TO HAPPEN TO YOU
WHILE EXPERIENCING SOUNDSCAPE. WE HIGHLY RECOMMEND YOU
REVIEWING OUR HEALTH AND SAFTEY PROVISIONS BY CLICKING ON THE
LINK BELOW:
Please review paragraph 17 within our terms of service for a more information.
OUR TERMS OF SERVICE
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO
NOT USE SOUNDSCAPE. EACH TIME YOU ACCESS AND USE SOUNDSCAPE
YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE
BOUND BY, THESE TERMS as amended from time to time.
Soundscape Overview: Soundscape provides virtual reality (“VR”) experiences as a
Service via compatible VR equipment e.g. Quest, Valve and other VR gear
manufacturers and through gaming platforms, such as Steam, to consumer music,
gaming and VR enthusiasts. Soundscape PROVIDES consumer’s personal enhanced
experience by allowing the consumer to use our virtual reality worlds to explore while
enjoying either our curated music collection or their self- provided personal playlist.
Soundscape provides music artists an advanced metaverse interactive and immersive
VR, PC Play or Mobile Play. (consumer and artist services are collectively hereafter
“Services”).
1. EXCLUSIVE USE: These Terms of Use govern your access and use of
Soundscape, and any of its subsidiaries, affiliates, brands and entities that it
controls, including all applications and Services and other affiliated websites.
Your use does not allow Soundscape to be operated in a commercial or public
setting, or for the purpose of producing content for commercial or promotional
use, including posting to social media without the express permission from
Soundscape and any of their content providers or copyright owners. Soundscape
will pursue legal action against anyone found operating Soundscape or using any
part or portion of Soundscape’s designs or architecture or curated music content
without proper licensing. Please reach out to the developers at
SoundscapeVR@gmail.com for any inquiries regarding commercial licensing.
Soundscape owns or licenses, operates and/or controls the rights to all software,
copyrights, trademarks, trade-dress and patents utilized with your Soundscape
experience.
a. Equal Opportunity Employer: Soundscape is an equal opportunity
employer, employing persons without considering race, sex, religion,
nationality, age or disability. If you are amazing at a particular Soundscape
personnel need, trust us, we want you.
2. REGISTRATION: You will need to register an account with a third-party platform
or service provider, such as, but not limited to, Steam or Oculus/Quest
(“Platform”). The Game is expressly provided in Platform where an account is
required. You may not, under any circumstances, whether intentionally, or
through negligence allow or enable others to access your account. We require
each user to have a unique username and password combination in order to use
Soundscape and may also, from time to time, provide users with additional codes
or passwords necessary to access and use certain features or functions of
Soundscape. Your username and password are personal to you and you may not
allow any others to use your username or password under any circumstances.
a. We are not liable for any harm caused or related to the theft or
misappropriation of your username or password, disclosure of your
username or password, or your authorization of anyone else to use your
username or password.
b. You agree to notify us immediately if you become aware of or believe
there is or may have been any unauthorized use of your username or
password or any other need to deactivate your username or password due
to security concerns.
i. PASSWORDS ARE ISSUED ON A PERSONAL BASIS.
ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS
TRANSMITTED BY OR RECEIVED FROM ANYONE
PRESENTING YOUR PASSWORD ON THE APPLICATION WILL
BE DEEMED BINDING ON YOU.
c. You agree that you are solely responsible and liable for all actions taken
via your password, whether or not made with your knowledge or authority.
d. You agree to guard your password carefully, with the full awareness that a
failure to keep it secure will enable others to engage in transactions
through the Applications and Services for which you will be legally
responsible.
3. CONDITION FOR USE: Before using Soundscape, you agree to the following:
a. You must be at least 13 years of age to use Soundscape. Soundscape is
not intended for children under the age of 13. If you are at least 13 but are
under the age of 18, you may only use Soundscape with your parent's or
guardian's consent and supervision and your parent or guardian must
provide consent after having read these Terms and most specifically, the
Heath and Safety Alerts. In such a case you represent and warrant and
covenant that both you and your parent or guardian have read and
consent to these Terms (including all the conditions, limitations,
disclaimers, and waivers provided herein. If you are a parent or guardian
consenting to these Terms on behalf of a child between the ages of 13
and 18, you additionally agree to guarantee and be fully responsible for
that person’s performance hereunder, including all financial obligations or
liability he or she may incur, and all disclaimers and waivers of applicable
legal protections provided herein, and you agree to take all actions
(including executing such additional documents or agreements) necessary
to effect and perfect the foregoing.
i. In all other cases, you represent that you are 18 years or older and
fully competent to accept these Terms, and you hereby agree and
acknowledge that you have read, understood, and agree to be
bound by these Terms.
b. You have not previously been suspended or removed from Soundscape;
and
c. When creating a username, you may not use language that is or can be
construed to be sexually explicit, unlawful, harmful, threatening, harassing,
abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or
otherwise objectionable or offensive;
d. You further acknowledge and agree that by using Soundscape, you are
accepting a benefit that you cannot return or disgorge and that we are
relying on your representations regarding your ability to accept and
perform these Terms, and you therefore waive any right you may have
under applicable law to void, rescind, or otherwise avoid these Terms.
e. If you are using Soundscape on behalf of an entity, organization, or
company, you represent and warrant that you have the authority to bind
that organization to these Terms and you agree to be bound by these
Terms on behalf of that organization.
4. PROHIBITED USE:
a. You may not provide false information or intentionally hide any information
when registering for your Soundscape or Platform account;
b. Using the Game in a manner that violates the health and safety guidelines
set forth in Soundscape’s Health and Safety ALERTS.
c. Systematically retrieve data or other content from Soundscape to create a
database or directory;
d. Make any unauthorized use of Soundscape or user data for the purpose of
SPAM emails, or creating user accounts by automated means or under
false pretenses;
e. Circumvent, disable or otherwise interfere with security protocols of
Soundscape, that prevent or restrict the use or copying of any
Soundscape’s content or cause limitations on its’ features;
f. Use of your own or third-party software to modify any content appearing
within Soundscape, its environment or change how Soundscape is played;
g. Use of your own or third-party software to bypass or modify any
Soundscape architecture, development or design or create or provide any
other means through which Soundscape may be accessed and/or used by
others in ways other than those intended by Soundscape;
h. Engage in unauthorized linking to the Soundscape;
i. Infringe anyone’s copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity, likeness or privacy;
j. Mislead Soundscape and other users to acquire personal data or account
information;
k. Submit false reports of abuse or misconduct;
l. You may not impersonate Soundscape employees, consultants, partners
etc;
m. You may not impersonate another person, misrepresenting your affiliation
with an entity or person, hiding or attempting to hide your identity or
otherwise conducting fraud;
n. Engage in automated use systems, such as using scripts to send
comments or messages, or using any data mining, robots or similar data
gathering and extraction tools;
o. Interfere or disrupt Soundscape or functionality or take any action that
imposes excessive loads on Soundscape on architecture, development,
design or user experience;
p. Falsely identify yourself as another user or attempt use the username of
another user;
q. Transfer your profile;
r. Harass or abuse another person and you may not use language or images
that are or can be construed to be sexually explicit, unlawful, harmful,
threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or
racially, ethnically or otherwise offensive or objectionable;
s. You may not post or communicate any player's real-world information
(name, address, account name, etc.) in Soundscape, on the websites or in
any other forum or media, or make public anyone’s identification
documents, sensitive financial information, other sensitive personal
information or posting such information in Soundscape or other permitted
websites;
t. You may not harvest or collect email addresses or other contact
information of other users from Soundscape by electronic or other means,
for example for the purposes of sending unsolicited emails or other
unsolicited communications;
u. Circumvent security protocols designed to prevent or restrict access to
Soundscape, or any portion of Soundscape;
v. Remove the copyright or other proprietary rights notice from Soundscape;
w. Transmit content that contains any computer virus, worms, or other
potentially damaging computer programs or files including, but not limited
to viruses, Trojan horses, malware, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies or similar computer-generated
action intended to interferes with the Soundscape or other users;
x. Use, launch, develop or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper or offline reader
that accesses the Site, or using or launching any unauthorized script or
other software.
y. You will not exploit any bug in Soundscape, and you will not communicate
the existence of any such exploitable bug (bugs that grant any user
unnatural or unintended benefits) either directly or through public posting,
to any other Soundscape user. Bugs should be promptly reported to
support@soundscapeuniverse.com;
z. You will not attempt to experience Soundscape on any server or platform
that is not controlled or authorized by Soundscape, its designees or
platform/service providers;
5. ASSUMPTION OF RISK: You assume all risks that Soundscape, content, user
materials, and related information are suitable or accurate for your needs and will
be uninterrupted, timely, secure or error-free. Any Applications downloaded or
otherwise obtained through Soundscape are at your own discretion and risk and
you are solely responsible for any damage to your computer or data loss. By
participating in multi-player games or visiting Soundscape messaging, you may
be exposed to rude, crude, indecent, or other offensive language or references
that is not authorized or encouraged by Soundscape. You agree that neither
Soundscape, nor any of its affiliates or agents, shall be responsible for any loss
or damage of any sort relating to your dealings with any third-party advertiser or
content provider in the Applications and Services.
6. SUBSCRIPTIONS OR FEES: Soundscape may be provided as “free-to-play”
where you can access and play certain parts of Soundscape without any prior
payment. However, other versions of the Soundscape or certain additions, levels,
releases and/or features may be considered “premium features” where you must
pay a fee to gain access to advanced levels, features, etc. Where applicable, you
agree to pay in full for the purchasable Soundscape content that you have
ordered. We reserve the right at any time to charge fees for access to
Soundscape or to any specific new feature or content that we may introduce from
time to time. In no event will you be charged for access to Soundscape unless
we obtain your prior agreement to pay such fees. If you do not consent to the
payment of such fees, however, you may not have access to pay to play content.
Details regarding the pay to play services you will receive in exchange for fees,
as well as the payment terms and conditions that apply, will be disclosed to you
prior to your agreement to pay such fees. You agree to pay such fees if you sign
up for any fee-based service. Any such terms and conditions shall be deemed to
be a part of (and are hereby incorporated by reference into) these Terms. All fees
regarding pay to play are payable to the Platform provider from which you are
purchasing and downloading Soundscape. Soundscape is neither responsible
nor part of such transaction.
7. LIMITED NON-COMMERCIAL LICENSE TO USE SOUNDSCAPE: Soundscape
may offer you the ability to use certain additions, levels, releases and/or features,
including without limitation, live music streamed events, trivia and other third-
party content streamed events, instant messages, bulletin boards, e-mail
functions, software and services that allow you to download specific content to
your computer. Without limiting your obligations and restrictions described above,
your limited license to use Soundscape are subject to the following conditions:
a. You acknowledge and agree that all content, design elements, and
materials available in Soundscape, e.g. brands graphics, logos, designs,
characters, objects, environments, worlds, icons, scripts and service
and/or product names (“Soundscape Content”) are owned by Soundscape
and/or its licensors and protected by copyrights, trademarks, patents,
trade secrets, and/or other proprietary rights of Soundscape and licensors.
Soundscape and licensors retain all right, title and interest in and to
Soundscape Content.
b. Soundscape Content made available to you are the copyrighted work of
Soundscape and/or licensed third-party copyrights, patents or trademarks.
Only these Terms shall govern your use of Soundscape. You may not
download or use any content from the Soundscape without agreeing to
these Terms. Certain content may be owned by third parties and
distributed under a third-party license and you agree that Soundscape
shall not be responsible for any loss or damage of any sort relating to your
dealings with such third-parties.
i. Additionally, third party licensees who utilize Soundscape for use in
live streamed VR events acknowledge that Soundscape is not
liable for unapproved third-party recording and posting of their
experience in the live event including licensees’ audio and video
copyrights.
c. Unless expressly stated otherwise in these Terms, you are granted only a
limited license to download and/or use Soundscape from a single
computer for personal and non-commercial purposes unless otherwise
acknowledged by Soundscape.
d. You may not make copies of or distribute our content or electronically
transfer the content from one computer to another or over a network, nor
may you separate any content from Soundscape. You may not decompile,
reverse engineer, disassemble or otherwise reduce the content to human
perceivable form.
e. You may not create derivative works of the content and you may not
export the content in violation of any U.S. or foreign law, rule or regulation.
f. All rights in Soundscape not specifically granted to you in writing by
Soundscape are reserved to Soundscape.
g. Soundscape may cease support of content at any time in its sole
discretion or terminate your use of or access to any content or Services.
h. Content you use or download from Soundscape may contain third party
digital rights management systems ("DRMS") which may allow for
communication between your software and the third party and utilize
security features (e.g., preventing distribution of or access to the
applications in the event of unauthorized use). These DRMS are subject to
their own license agreements and you agree that Soundscape shall not be
responsible for any loss or damage of any sort relating to or resulting from
the use of the DRMS or your dealings with such third parties.
i. Unless explicitly stated herein, nothing in these Terms shall be construed
as conferring to you any license to Soundscape or its content, whether by
estoppel, implication or otherwise.
j. You agree not to assert any claim, action or proceeding against
Soundscape for infringement of any patents, patent rights or other
intellectual property rights.
k. Soundscape may from time-to-time update or otherwise modify the
services and/or content or require the user to install updates, patches or
fixes (“updates”). Updates may change soundscape’s terms, conditions,
features, items, mechanics, or any other element. You must agree to any
and all game terms and conditions and install such updates before you will
be allowed to proceed to play. If you fail to install the new release when
required, soundscape will not be responsible in any way for your inability
play as intended, and you shall not be entitled to receive a refund of any
prepaid fees or any other form of compensation.
8. CANCELLATION/DEACTIVIZATION:
a. We may terminate your use of and registration on the Application at any
time and for any reason, with or without cause, without prior notice to you
and without any liability or further obligation of any kind whatsoever to you
or any other party.
b. Account Termination: If you are registered to use the Soundscape, you
may deactivate your account on the Application, at any time and for any
reason, by logging in to your account and then by clicking on the "My
Account" link and then selecting the "Cancel My Account" option or if
unable to remotely terminate your account, You may disable your access
to Soundscape by contacting us at ___@soundscapeuniverse.com.
c. All fees paid for a durational period as outlined shall not be refunded or
reimbursed, however, any fees charged after your termination notice shall
be refunded.
9. PRIVACY: By accepting these Terms, you expressly consent to our use of your
personal information as explained in our Privacy Policy, which is incorporated
herein by reference. This includes all personal information acquired from your
registration and personal data entered in order to provide the criteria needed for
optimal Services. Please see Soundscape’s Privacy Policy.
a. Third-Party Links: We may provide links to other Web sites or Internet
resources for your convenience only, and such links do not signify or imply
our endorsement of such other Web sites or resource or its contents over
which we have no control and which we do not monitor.
i. You use those links at your own risk and should apply a reasonable
level of caution and discretion in doing so. The appearance,
availability, or your use of URLs or hyperlinks referenced or
included anywhere on the site or any other form of link or re-
direction of your connection to, with or through the Application,
does not constitute an endorsement by, nor does it incur any
obligation, responsibility or liability on the part of Soundscape, or
any of its Affiliates, any of their successors and assigns, and any of
their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational
service providers.
ii. Soundscape does not review or evaluate any third party
advertisements or games, websites, services etc. linked to
Soundscape and is not responsible for the accuracy, copyright
compliance, legality, decency, or appropriateness of the
advertisements, content, websites, services etc. nor is it
responsible for the advertising, products, or other materials that
may appear in or are offered by such advertisements, games,
websites, services, Platforms etc.
iii. We do not verify, endorse or have any responsibility for any
such third-party sites, their business practices (including their
privacy policies), or any goods or services associated with or
obtained in connection with any such site, whether the Services,
Soundscape, or any of its Affiliates' logo or sponsorship
identification is on the third-party site as part of a co-branding or
promotional arrangement.
iv. If any third-party site obtains or collects personal information
from you, in no event shall we assume or have any responsibility or
liability You agree that we shall have no responsibility or liability for
any information, software, or materials found at any other web site
or internet resource.
b. ADS AND MALWARE: We take great care and pride in creating
Soundscape. We are always on the lookout for technical glitches that
effect how the Soundscape works. When we find them on our end, we will
fix them immediately. Unfortunately, your home computer may cause
some glitches that effect how you see Soundscape-- and that is beyond
our control. If you experience any unusual behavior, content or ads on
Soundscape, it may be the result of Malware on your computer. Malware -
- short for MALicious softWARE -- is a term used to broadly classify a form
of software which is installed in a computer system with malicious
intentions, usually without the owner's knowledge or permission. Malware
includes computer viruses, key loggers, malicious active content, rogue
programs and dialers, among others. While we continuously work closely
with our partners to ensure that everything on Soundscape is working
properly, sometimes Malware programs on your personal computer may
interfere with your experience on Soundscape and on other sites that you
visit. Please note that we cannot be responsible for the effects of any
third-party software including Malware on your computer system. Please
make sure to carefully read the Help or Customer Support areas of any
third-party software and/or download site. We suggest that you take some
of the following actions which may help to clean your computer and which
could prevent future installations of Malware.
i. Update your computer via Windows Update (found in the Tools
menu in your Internet Explorer web browser).
ii. Install a SpyWare Removal Tool such as Spybot Search and
Destroy or AdAware to clean your computer of Malware.
iii. Install antivirus software. Consult your IT department or
computer technician for which brand is best for you.
iv. If you do discover any Malware on your system, we also
suggest you speak with a qualified computer technician.
v. If, after taking the above actions, you are still experiencing
any problems, please feel free to contact us at (email address)
10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY
a. Soundscape respects the intellectual property of others and expects our
users to do so as well. Should Soundscape allow user generated content,
each user must ensure that the materials they upload does not infringe on
any third-party copyrights. Soundscape will promptly remove materials in
accordance with the Digital Millennium Copyright Act (“DMCA”) when
properly notified that the materials infringe on a third party's copyright.
Soundscape also reserves the right to terminate the accounts of repeat
copyright infringers.
b. If you believe content in or accessible is in violation of your copyright or
trademark rights, please submit a “DMCA Takedown Notice.” See below.
Upon receipt of a bona fide DMCA Takedown Notice, We will act
expeditiously to remove the purported infringing material.
c. We request additional information necessary to make your notice
complete. If you fail to provide the requested information, your request
may not be processed.
DMCA Takedown Notices
To request the removal of materials based upon
copyright infringement, you must file a notice
containing the following:
Your name, company name, full legal name of
the copyright holder that you represent, your
address, telephone number, email address (if
any) and country of residence.
A description of the copyrighted work that you
claim has been infringed.
A description of where on Soundscape the
material that you claim is infringing may be
found, sufficient for Soundscape to locate the
material (e.g., the online level ID or the URL).
A statement that you have a good faith belief
that the use of the copyrighted work is not
authorized by the copyright owner, its agent, or
the law.
A statement by you UNDER PENALTY OF
PERJURY that the information in your notice is
accurate and that you are the copyright owner
or authorized to act on the copyright owner's
behalf.
Your electronic or physical signature.
You may file your notice to:
By email:
takedown@soundscapeuniverse.
com
11. MODIFICATIONS: We reserve the right, at any time and from time to time, for
any reason in our sole discretion, to change these Terms. We will post or display
notices of material changes on Soundscape and notify you upon login about
these changes; the form of such notice is at our discretion.
a. Such changes and/or modifications shall become effective immediately
upon the posting thereof.
b. Please review our terms of use periodically.
c. Your continued use of Soundscape following the posting of changes
and/or modifications will constitute your acceptance of the revised Terms
of use.
d. We reserve the right to modify, suspend or discontinue all or any aspect of
Soundscape with or without notice to you. Without limitation to the
preceding sentence, we may periodically schedule system downtime for
maintenance and other purposes. You also acknowledge that unplanned
system outages may occur.
e. Soundscape is provided over the Internet/metaverse and so the quality
and availability may be affected by factors outside our reasonable control.
Accordingly, we cannot accept any responsibility for any connectivity
issues that you may experience when using Soundscape or for any loss of
material, data, transactions or other information caused by system
outages, whether planned or unplanned.
f. You agree that we shall not be liable to you or any third-party should
Soundscape exercise its right to modify, suspend or discontinue the
Services.
12. INTELLECTUAL PROPERTY: All content, including, but not limited to Patents,
Copyrights, trademarks, software copyrights, source code, functionality,
databases, Site designs (text, graphics, photographs, audio, video), generated
letters, trademarks, trade dress, service marks, logos, patents except that which
is specifically designated as owned by a third party author or developer are either
owned by Soundscape or licensed to us, and are therefore protected by
copyright, trademark or patent laws and other intellectual property rights and
unfair competition laws of the United States, foreign jurisdictions and
international conventions (“Intellectual Property”).
a. No Intellectual Property may be copied or reproduced and distributed,
sold, licensed or otherwise exploited for any commercial purposes or
personal favor to another without our express prior written permission.
b. You agree that the services you purchase, copy or download may only be
used by you for your personal use.
c. You are granted a limited license to access and use Soundscape.
d. We reserve all rights not expressly granted to you herein.
e. You may record and post your Soundscape experiences in social
media, however, you may not include in your posting any
corresponding musical content constituting copyrights owned by
third parties.
13. WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, SOUNDSCAPE DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
a. Soundscape makes no representation or warranty of any kind, express or
implied: (i) as to the architecture, design, information, content, materials
etc.; (ii) that Soundscape will be continuously functioning, uninterrupted,
securely or error-free; (iii) as to the accuracy, reliability, or currency of any
information, content, products and services provided; or (iv) that the
servers, platforms, or e-mails sent from or on behalf of Soundscape, are
free of viruses, scripts, trojan horses, worms or other harmful components.
b. Although Soundscape provides rules for user conduct and postings,
Soundscape does not control and is not responsible for what users post,
transmit, nor are we responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable content you may encounter in
Soundscape or in connection with any third-party applications, software or
content.
c. Soundscape is not responsible for the conduct, whether online or offline,
of any player of the game.
14. LIMITATIONS OF LIABILITY: Nothing in these Terms shall limit or exclude our
liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or
fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or
limited under the Laws of any state within the United States of America. We are
responsible for loss or damage you suffer that is a foreseeable result of our
breaching these Terms or our failing to use reasonable care and skill.
a. However, you understand that to the extent permitted under applicable
law, in no event will we or our officers, employees, directors, shareholders,
parents, subsidiaries, affiliates, agents, subcontractors or licensors be
liable under any theory of liability (whether in contract, tort, statutory, or
otherwise) for any unforeseeable, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of revenues, profits, business, business interruption,
business opportunity goodwill, use, data or other intangible losses (even if
such parties were advised of, knew of or should have known of the
possibility of such damages), resulting from your (or anyone using your
account’s) use of the Services.
b. We will not be liable for damages which you could have avoided by
following our advice, including Heath and Safety Alerts, applying updates,
patches or errors corrections offered to you free of charge or to have in
place the minimum system requirements advised by us.
c. We will not be liable or responsible for any failure to perform, or any delay
in the performance of, any of our obligations under these Terms that is
caused by any event or circumstances beyond our reasonable control,
including any failure of public or private telecommunications networks or
any delays or latency due to your physical location or your wireless data
service provider’s network.
d. Unless otherwise provided by applicable law, in no event shall our liability
to you exceed the amount of fees you paid us (if applicable) for a period of
three months prior to the date you submit a claim.
e. Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply
to you. To the extent that we may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and duration
of such warranty and the extent of our liability shall be the minimum
permitted under such applicable law.
15. ARBITRATION AGREEMENT AND LEGAL CONSIDERATION: Please read the
following ARBITRATION AGREEMENT carefully because it requires you to
arbitrate certain disputes and claims with Soundscape, and any of its
subsidiaries, affiliates, brands and entities that it controls limits the manner in
which you can seek relief from us. Both you and Soundscape acknowledge and
agree that for the purposes of any dispute arising out of or relating to the subject
matter of these Terms, Soundscape’s officers, directors, employees and
independent contractors (“Personnel”) are third-party beneficiaries of these
Terms, and that upon your acceptance of these Terms, Personnel will have the
right (and will be deemed to have accepted the right) to enforce these Terms
against you as the third-party beneficiary hereof.
a. Arbitration Rules; Applicability of Arbitration Agreement: The parties shall
use their best efforts to settle any dispute, claim, question, or
disagreement arising out of or relating to the subject matter of these
Terms directly through good-faith negotiations, which shall be a
precondition to either party initiating arbitration. If such negotiations do not
resolve the dispute, it shall be finally settled by binding arbitration. The
arbitration will proceed in the English language, in accordance with the
AAA or JAMS arbitration rules and procedures (the “Rules”) then in effect,
by one commercial arbitrator with substantial experience in resolving
intellectual property and commercial contract disputes. The arbitrator shall
be selected from the appropriate list of AAA or JAMS arbitrators in
accordance with such Rules. Judgment upon the award rendered by such
arbitrator may be entered in any court of competent jurisdiction.
i. Unless you and Soundscape agree otherwise, the arbitration will be
conducted in a confidential manner, in the country where you
reside. If in the United States, arbitration shall be held in Denver
Colorado.
b. This arbitration requirement shall not be construed to prevent either party
from seeking injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights (the action described
in this sentence, an "IP Protection Action"). Notwithstanding this arbitration
agreement, Soundscape reserves the right to bring an action in any court
of competent jurisdiction against you to stop and/or seek compensation for
the intentional or willful misuse or abuse (including but not limited to
hacking or falsifying location) of its intellectual property, products and
Services.
c. You shall continue to have the right under compulsorily applicable law
(i.e., law which cannot be disclaimed and/or excluded under these Terms),
you will have the right to litigate a dispute if you provide Soundscape with
written notice of your desire to do so by email to
support@soundscapeuniverse.com within thirty (30) calendar days
following the date you first accept these Terms (such notice, an
"Arbitration Opt-out Notice"). If such an Arbitration Opt-out opportunity is
required under compulsorily applicable law and you don’t provide
Soundscape with an Arbitration Opt-out Notice within the thirty (30)
calendar day period, you will be deemed to have knowingly waived your
right to litigate. Unless both you and Soundscape agree in writing, the
arbitrator may not consolidate more than one person’s claims and may not
otherwise preside over any form of any class or representative
proceeding.
i. Should your claim not exceed $10,000 (US), then the arbitration will
be conducted solely on the basis of the documents that you and
Soundscape submit to the arbitrator, and there will be no other
discovery conducted (such as depositions), unless the arbitrator
determines that a hearing is necessary.
d. Costs of Arbitration: AAA Rules will govern payment of all arbitration fees.
The parties shall share equally in the costs of the Arbitration and shall be
responsible for their own attorneys’ fees. Soundscape will not seek its
attorneys’ fees and costs in arbitration unless the arbitrator determines
that your claim is frivolous.
e. Equitable Relief and/or Small Claims Court: Either you or Soundscape
may assert claims qualifying claims in small claims court in Denver,
Colorado or any United States county where you live or work.
Furthermore, notwithstanding the foregoing obligation to arbitrate
disputes, each party shall have the right to pursue injunctive or other
equitable relief at any time, from any court of competent jurisdiction, to
prevent the actual or threatened infringement, misappropriation or
violation of a party’s copyrights, trademarks, trade secrets, patents or
other intellectual property rights.
f. Arbitrator’s Decision: The arbitrator will render an award within the time
frame specified in the AAA Rules. The arbitrator’s decision will be treated
as confidential and will include the essential findings and conclusions
upon which the arbitrator based the award. Confirmation and enforcement
of the arbitration award may be done in any court of competent
jurisdiction.
g. Waiver of Jury Trial: You and Soundscape WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND
HAVE A TRIAL IN FRONT OF A JUDGE OR JURY and instead choose to
have claims and disputes resolved by arbitration.
h. In any litigation between you and Soundscape over whether to vacate or
enforce an arbitration award, YOU AND Soundscape WAIVE ALL
RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be
resolved by a judge.
i. Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON
A CLASS BASIS. CLAIMS OF MORE THAN ONE Consumer OR user
CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER claimants. However,
should this waiver of class or consolidated actions is deemed invalid or
unenforceable, neither you nor Soundscape is entitled to arbitration;
instead all claims and disputes will be resolved in a court of law within the
appropriate jurisdiction.
j. Opt-out Notice: You have the right to opt out of the provisions of this
Section by sending written notice of your decision to opt out to
Soundscape Legal as first identified above, postmarked within thirty (30)
days of first accepting these Terms.
i. You must include (i) your name and residence address, (ii) the
email address and/or telephone number associated with your
account, and (iii) a clear statement that you want to opt out of these
Terms’ arbitration agreement.
ii. Notices sent to any other address, or sent by electronic mail or
communicated orally, will not be accepted or effective.
k. Exclusive Venue: If you send the opt-out notice identified above in (f),
and/or in any circumstances where the foregoing arbitration agreement
permits either you or Soundscape to litigate any dispute arising out of or
relating to the subject matter of these Terms in court, then the foregoing
arbitration agreement will not apply to either party, and both you and
Soundscape agree that any judicial proceeding (other than small claims
actions) will be brought in the state or federal courts located in,
respectively, Denver, Colorado, or the federal district in which that county
falls.
i. All claims are to be governed by the laws of the State of Colorado,
United States of America.
l. Severability: If the prohibition against class actions and other claims
brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in this Arbitration
Agreement section will be null and void and thereafter shall be governed
pursuant to subparagraph (g) above.
m. This arbitration agreement will survive the termination of your relationship
with Soundscape.
16. MISCELLANEOUS:
a. Entire Agreement: These Terms, together with the Health & Safety Alerts,
Privacy Notice and the terms of any end user license agreement to which
you agree when downloading any software that we make available
through Soundscape and any additional terms to which you agree when
using particular elements of Soundscape constitute the entire and
exclusive and final statement of the Agreement between you and us with
respect to the subject matter hereof as identified herein within these
Terms, and govern your use of the Soundscape, superseding any prior
agreements or negotiations between you and us with respect to the
subject matter hereof.
b. Transfer of Rights: You may not transfer your rights or obligations under
these Terms to anyone else without our prior written consent.
c. Conflicts: In the event of any conflict between these Terms and terms of a
specific service within the network of Application affiliates, these Terms
shall govern.
d. Waiver and Severability: Our failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision.
i. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, you nevertheless agree that the court
should endeavor to give effect to the intentions of Soundscape and
you as reflected in the provision, and that the other provisions of
these Terms remain in full force and effect.
ii. If we do not insist immediately that you do anything you are
required to do under these Terms, or if we delay in taking steps
against you in respect of your breaking these Terms, that will not
mean that you do not have to do those things and it will not prevent
us taking steps against you at a later date.
iii. For users outside of the United States of America, You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or these Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
e. Headings: The section titles in these Terms are for convenience only and
have no legal or contractual effect.
f. Survival: These Terms, as well as any other limitations on liability explicitly
set forth herein, shall remain in full force and effect notwithstanding any
termination of your use of the Services.
g. Our Relationship:
i. Both parties are independent of each other.
ii. No other person shall have any rights to enforce any of the
provisions contained in these Terms.
iii. Neither party shall be deemed an employee, agent, partner,
joint venture or legal representative of the other for any purpose,
and neither shall have any right, power or authority to create any
obligation or responsibility on behalf of the other, solely as a result
of these Terms.
iv. In no event shall you be deemed under these Terms as
being one of our employees or entitled to any of our employee
benefits.
17. HEALTH & SAFETY: Thank you for your interest in the Soundscape virtual
reality (“VR”) music experience. Soundscape was created with you in mind and
our primary goal is for you to have an unforgettable unique entertainment
experience. Although our primary goal is your happiness, your health and safety
are paramount. Like other enjoyment or leisure activities such as skiing,
swimming, sports, etc., you must participate in a healthy and safe manner.
Please review these health and safety considerations when participating in VR.
⚠ WARNING HEALTH AND SAFETY ALERTS
Step 1: Understand General VR Risks.
a. Participating in VR experiences involves some risks, including, but not
limited to loss of balance, inability to see your physical surroundings,
inability to hear sounds in your physical surroundings, parts of your body
hitting or otherwise contacting people or objects in your physical
surroundings, repetitive or strenuous motion, involuntary motion or action,
eyesight or hearing stress associated from frequent or prolonged use. You
will be moving your head, limbs and other body parts, which could cause
serious injury or death to you, people near you, or property if you do not
follow these health and safety guidelines. While wearing your headset and
experiencing Soundscape, you will have a limited or altered view and you
will not be able to see everything or possibly anything in the physical room
around you.
b. People react differently to the highly immersive and perceived reality
combined with flashing lights and music. Certain people may experience
general health reactions such as epileptic seizures, loss of consciousness,
altered vision, motion sickness, dizziness, disorientation or nausea,
repetitive motion injuries and eye strain. Immediately stop playing if you
experience any of the above symptoms or suffer other physical concerns.
Step 2: Know Your Headset And Platform.
a. Locate, read and understand your Headset manufacturer's guidelines, as well
as your marketplace, platform, and/or forum guidelines and notices, and that
any failure to adhere to any such guidelines or precautions may cause
damage to property, personal injury to you or others, or death. Always use the
Headset in accordance with your Headset manufacturer's guidelines.
Meta Quest Safety Link
Valve Index Safety Link
HTC Vive Safety Link
Sony Playstation VR Safety Link
Steam
Step 3: Know Your Body And Current Health Condition, Capabilities And
Concerns.
Consult with your doctor before engaging in VR play or Soundscape if you are: (A) pregnant, (B)
suffer from a heart condition, (3) elderly, (4) using prescription or non-prescription medication,
(5) or have vision abnormalities, (6) psychiatric disorders and/or (7) other serious medical
conditions.
Seizure warning: If you are prone to seizures when exposed to flashing lights or light patterns,
take precautions and play under supervision. Exposure to certain light patterns or backgrounds
on virtual reality/augmented reality equipment such as headsets or glasses may induce an
epileptic seizure, motion sickness even in persons who have no history of prior seizures or
epilepsy.
Do not play the Game while experiencing any of the following, as it may increase your
susceptibility to harm while playing the Game:
Tiredness or
exhaustion;
Under the influence of
alcohol or drugs;
Hung-over;
When suffering from
cold, flu, headaches,
migraines, or earaches.
Under emotional stress
or anxiety; or
Have digestive
problems;
Step 4: Know Your Play Space.
Ensuring your space is large enough to allow you play without coming into
contact with objects, and including a buffer between your space and any objects
that is large enough if you inadvertently trip or fall.
Consider room size, ceiling height, posts, columns, doors, stairs or ramps,
balconies, open doorways or windows, uneven floors, loose rugs or carpeting,
wall art, pets, ceiling fans, light fixtures, people, drunk friends, candles or open
flames, televisions, computer monitors, Avoiding playing in, near, or under areas,
objects, animals, or other things that could cause injury through trips, falls,
contacts, strikes, loss of balance, or other unsafe conditions or interactions, such
as:
Never experience Soundscape in situations that require attention, such as
running, bicycling, use of treadmills, ellipticals or other exercise machines,
driving, or handling hazardous objects.
Take appropriate steps to prevent other people, pets, children from entering your
space.
Stop Soundscape if your environment or space changes and becomes unsafe.
Should someone or something enter your space, please pause Soundscape and
remove your Headset to ensure your space is still safe.
Step 5: Proceed with Caution.
It is highly recommended you take a reasonable break from Soundscape, every
ten (10) to fifteen (15) minutes. Always take a break if you feel discomfort and
don’t start again until you are no longer feeling discomfort. Extended use without
adequate breaks may increase the risk of injury, other adverse effects, or
property damage.
Move carefully while playing the Game. Fast or abrupt motion may cause a
collision or loss of balance. If you lose your balance or your sense of balance
feels affected, stop playing the Game and take a break until normal balance
returns.
Do not interact with real-world objects while experiencing Soundscape.
Immediately discontinue Soundscape driving, operate machinery, or engaging in
other activities requiring physical or visual coordination.
Stop or Pause Soundscape if any of the following symptoms are experienced:
Seizures;
Eye strain;
Nausea;
Impaired balance;
Eye or muscle
twitching;
Altered, blurred, or double
vision or other visual
abnormalities;
Fatigue;
Drowsiness;
Dizziness;
Excessive sweating;
Increased salivation;
Pain or discomfort;
Disorientation;
Impaired hand-eye
coordination;
Motion sickness symptoms
Involuntary movements;
Lightheadedness;
Step 6: You Acknowledge You Understand Our Concern For Your Health And
Safety.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE
RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES
at all times when experiencing Soundscape. YOU ACKNOWLEDGE THAT
FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY
CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY,
PERSONAL INJURY TO YOU, OR DEATH.
18. YOU HEREBY RELEASE SOUNDSCAPE AND ITS RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE
PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR
SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS,
CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS FROM
ANY AND ALL LIABILITY IN CONNECTION WITH ANY AND ALL CLAIMS
PERTAINING TO THE USE OF A HEADSET, RELATED EQUIPMENT, OR
SOUNDSCAPE ITSELF.
⚠ WARNING HEALTH AND SAFETY ALERTS
Thank you for your interest in the Soundscape virtual reality (“VR”) music
experience. Soundscape was created with you in mind and our primary goal is for you
to have an unforgettable unique entertainment experience. Although our primary goal is
your happiness, your health and safety are paramount. Like other enjoyment or leisure
activities such as skiing, swimming, sports, etc., you must participate in a healthy and
safe manner. Please review these health and safety considerations when participating
in VR.
Step 1: Understand General VR Risks.
Participating in VR experiences involves some risks, including, but not limited to
loss of balance, inability to see your physical surroundings, inability to hear sounds in
your physical surroundings, parts of your body hitting or otherwise contacting people or
objects in your physical surroundings, repetitive or strenuous motion, involuntary motion
or action, eyesight or hearing stress associated from frequent or prolonged use. You will
be moving your head, limbs and other body parts, which could cause serious injury or
death to you, people near you, or property if you do not follow these health and safety
guidelines. While wearing your headset and experiencing Soundscape, you will have a
limited or altered view and you will not be able to see everything or possibly anything in
the physical room around you.
People react differently to the highly immersive and perceived reality combined
with flashing lights and music. Certain people may experience general health reactions
such as epileptic seizures, loss of consciousness, altered vision, motion sickness,
dizziness, disorientation or nausea, repetitive motion injuries and eye strain.
Immediately stop playing if you experience any of the above symptoms or suffer other
physical concerns.
Step 2: Know Your Headset And Platform.
Locate, read and understand your Headset manufacturer's guidelines, as well as
your marketplace, platform, and/or forum guidelines and notices, and that any failure to
adhere to any such guidelines or precautions may cause damage to property, personal
injury to you or others, or death. Always use the Headset in accordance with your
Headset manufacturer's guidelines.
Meta Quest Safety Link
Valve Index Safety Link
HTC Vive Safety Link
Sony Playstation VR Safety Link
Steam
Step 3: Know Your Body And Current Health Condition, Capabilities And
Concerns.
Consult with your doctor before engaging in VR play or Soundscape if you are: (A) pregnant, (B)
suffer from a heart condition, (3) elderly, (4) using prescription or non-prescription medication,
(5) or have vision abnormalities, (6) psychiatric disorders and/or (7) other serious medical
conditions.
Seizure warning: If you are prone to seizures when exposed to flashing lights or light patterns,
take precautions and play under supervision. Exposure to certain light patterns or backgrounds
on virtual reality/augmented reality equipment such as headsets or glasses may induce an
epileptic seizure, motion sickness even in persons who have no history of prior seizures or
epilepsy.
Do not play the Game while experiencing any of the following, as it may increase your
susceptibility to harm while playing the Game:
Tiredness or
exhaustion;
Under the influence of
alcohol or drugs;
Hung-over;
When suffering from
cold, flu, headaches,
migraines, or earaches.
Under emotional stress
or anxiety; or
Have digestive
problems;
Step 3: Know Your Play Space.
Ensuring your space is large enough to allow you play without coming into
contact with objects, and including a buffer between your space and any objects
that is large enough if you inadvertently trip or fall.
Consider room size, ceiling height, posts, columns, doors, stairs or ramps,
balconies, open doorways or windows, uneven floors, loose rugs or carpeting,
wall art, pets, ceiling fans, light fixtures, people, drunk friends, candles or open
flames, televisions, computer monitors, Avoiding playing in, near, or under areas,
objects, animals, or other things that could cause injury through trips, falls,
contacts, strikes, loss of balance, or other unsafe conditions or interactions, such
as:
Never experience Soundscape in situations that require attention, such as
running, bicycling, use of treadmills, ellipticals or other exercise machines,
driving, or handling hazardous objects.
Take appropriate steps to prevent other people, pets, children from entering your
space.
Stop Soundscape if your environment or space changes and becomes unsafe.
Should someone or something enter your space, please pause Soundscape and
remove your Headset to ensure your space is still safe.
Step 4: Proceed with Caution.
It is highly recommended you take a reasonable break from Soundscape, every
ten (10) to fifteen (15) minutes. Always take a break if you feel discomfort and
don’t start again until you are no longer feeling discomfort. Extended use without
adequate breaks may increase the risk of injury, other adverse effects, or
property damage.
Move carefully while playing the Game. Fast or abrupt motion may cause a
collision or loss of balance. If you lose your balance or your sense of balance
feels affected, stop playing the Game and take a break until normal balance
returns.
Do not interact with real-world objects while experiencing Soundscape.
Immediately discontinue Soundscape driving, operate machinery, or engaging in
other activities requiring physical or visual coordination.
Stop or Pause Soundscape if any of the following symptoms are experienced:
Seizures;
Eye strain;
Nausea;
Fatigue;
Drowsiness;
Dizziness;
Impaired balance;
Eye or muscle
twitching;
Excessive sweating;
Increased salivation;
Pain or discomfort;
Disorientation;
Altered, blurred, or double
vision or other visual
abnormalities;
Impaired hand-eye
coordination;
Motion sickness symptoms
Involuntary movements;
Lightheadedness;
Step 5: You Acknowledge You Understand Our Concern For Your Health And
Safety.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE
RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES
at all times when experiencing Soundscape. YOU ACKNOWLEDGE THAT
FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY
CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY,
PERSONAL INJURY TO YOU, OR DEATH.