Language:
Version dated 05/29/2024

This EULA:
- define and set out the terms of use of the TAIKO FRENZY game developed by GLITCHR STUDIO;
- establish the respective rights and obligations of the user and of GLITCHR STUDIO in respect of the game;
- are established between the user and GLITCHR STUDIO;
- govern the use of the TAIKO FRENZY game;
- apply to the game and any subsequent updates.

By accepting this EULA, the parties enter into a licence agreement.

1. GENERAL PROVISIONS

GLITCHR STUDIO, SARL, (hereinafter “GLITCHR STUDIO” or the “Company” or “we”), with registered address in BORDEAUX (33800):
- specialises in virtual reality and interactive experiences;
- develops video games;
- produces various games including TAIKO FRENZY (hereinafter the “game”).

The term “game” includes the software of the video game and all corresponding components and contents.

Users (hereinafter “users” or “you”) are able to access the game via several stores such as the Meta Quest Store and Steam.

Access to the game is not age-restricted.
If a user is a minor (i.e., under the legal age of majority of the user's country), the agreement must be read and accepted by their legal representative (parent, guardian or appropriate adult).
If the game is used on behalf of an entity, the user hereby states and swears that they are authorised to accept these terms on behalf of the entity and that the entity acknowledges that it shall be liable vis-à-vis GLITCHR STUDIO should the user or the entity act in breach of these terms.

GLITCHR STUDIO reserves the right to alter or modify these terms at any time, at its sole discretion.

If this EULA is modified by GLITCHR STUDIO, the user shall be informed. For instance, users shall be contacted by our services and/or the “last update” date appearing at the top of this EULA shall be updated. By continuing to use the game, you confirm that you accept the updated terms.
If you do not accept the updated terms, you must desist from using the game.

You are urged to refer to the EULA on a regular basis to make sure you understand the terms governing your access to - and use of - the game.

2. GENERAL HEALTH AND SAFETY WARNING

The game is a virtual reality game.

Before you start playing the game, consider the potential effects it may have on your health.
If in doubt, seek medical advice.

Recommendations to reduce the risk of an epileptic seizure and other health problems:
- If you suffer from a serious medical condition, if you are pregnant or a senior, or if a medical device has been implanted into your body, you should seek medical advice before playing the game.
- Do not play if you are ill, tired and/or under the influence of medication or drugs.
- Limit the volume of your headset as too high a volume can cause hearing loss.
- Take regular breaks during gaming sessions. The duration and frequency of breaks will be determined on an individual basis.
- Stop playing if you feel any discomfort.

Other warnings:
- Take care and be aware of your environment when you are playing.
- Always make sure there is enough space to play the game safely and that there are no obstacles or dangerous objects in your way.
- If you are a minor (under the legal age of majority in your country), your parent or guardian should check that measures are in place to protect your health and safety before you start playing the game.
- You are responsible for your actions during the gaming session. We do not accept responsibility for any injuries or damage caused by your actions during the gaming session.

3. LICENCE

Ownership of the game is and shall be retained exclusively by GLITCHR STUDIO or its licensors. Moreover, the game is protected by intellectual property rights (copyright, related rights, trade mark rights, etc.).

Under your non-exclusive right to use the TAIKO FRENZY game, granted by us, you are able to download, install and play the game for personal and non-commercial purposes.

As such, you, as a user, may not:
- Use the game for commercial purposes, unless you have been expressly authorised to do so by GLITCHR STUDIO;
- Sub-license the game to any other natural person or legal entity, or sell, rent, lease or distribute the game;
- Copy the game, to the exclusion of any copies you are required to make for the purpose of playing the game on your gaming device;
- Modify, merge, distribute, translate, reverse engineer, decompile or disassemble the game;
- Cheat, intentionally exploit bugs or faults, deliberately harass or harm other players or use any software or other resources for the purposes described above;
- Use the game in any way that is contrary to public order and morality and in breach of these terms;
- Choose a username that is coarse or offensive or violates the rights of other people, not least individual rights. We reserve the right to take appropriate measures against any user who fails to comply with these terms (for instance blocking or suspending their access to the game);

If you are the holder of an intellectual property right, or if you are a representative of any such holder, and you believe that our content infringes on that right, please notify us at contact@glitchr-studio.com and include the following information:
- An electronic or handwritten signature of the person authorised to act on behalf of the holder of the copyright or any other intellectual property right;
- A description of the work protected by the copyright or any other intellectual property right to which your claim relates;
- A detailed description of the disputed content and the corresponding location;
- Your address, your telephone number and your e-mail address;
- A statement issued by you to confirm that the aforementioned information is, to the best of your knowledge, accurate and that you are the holder of the copyright or any other intellectual property right or that you are authorised to act on behalf of the holder of the copyright or any other intellectual property right.


You, as a user, may:
- Insert/import your own content (your own musical creation, for instance) when you play the game. Only content that is your own or that you are authorised to exploit may be used in this context. As such, you are solely responsible for inserting content and making sure that the intellectual property rights related to that content are respected.
- Authorise other players to use the content that you have inserted.
- Download and share your own creations developed on the basis of the game, provided that you clearly indicate their source and author, and that you are not acting in a commercial capacity.

4. LIABILITY

We guarantee that we have the right to enter into this agreement with you and that we are licensed to grant you the rights hereunder (namely the licence to use the TAIKO FRENZY game).

We cannot guarantee that users will not encounter bugs, malfunctions or other issues during their use of the game. To the extent permitted by applicable law, we do not accept responsibility for any bugs, malfunctions or any other issues encountered by users during their gaming sessions, or even for a poor internet connection.

On a discretionary basis, we may change, modify or update the game and/or its content by way of upgrades, automatic or otherwise. The game may be affected by bugs or other technical issues as a result of these upgrades or resets. We may discontinue the features of the game at any time.

We reserve the right to suspend access to the game, on a single occasion or a recurring basis, with or without notice, in order to undertake game maintenance operations. Hence, you hereby acknowledge that we may interrupt, suspend or discontinue access to the game on account of unforeseen circumstances or due to reasons beyond our control.

We shall not be liable for any consequences arising from changes, modifications, upgrades or interruptions to the game, a poor internet connection, or external and unexpected circumstances that are beyond our control.

Without limiting the foregoing, you expressly acknowledge sole liability for any damage or loss arising from the following:
- your access to - and use of - the game, or your inability to access and use the game;
- the conduct or content of a third party that uses the game, and any unofficial content that is neither supported by nor obtained from the game;
- the use or non-use of the game.

5. TERMINATION

In the event of a breach, we have the right to terminate this agreement without prior notice.

In this respect, you shall surrender the rights granted to you hereunder, namely the right to use the game, whereas we shall be discharged of our obligations towards you under this agreement.

6. OTHER PROVISIONS

If any provision of this agreement is found to be invalid or unenforceable by virtue of applicable law, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose substance remains as true as possible to that of the original provision, and the validity of the remainder of the agreement shall not be affected.

This agreement, and all other terms and conditions governing the use of our game, shall constitute the entirety of the agreement between you and us.

As a consumer, any rights that you are entitled to exercise under applicable local legislation may not be excluded, limited or modified.
Those rights shall take precedence over the provisions of this agreement.
If the general terms of any of our distributors are found to be at odds with the legal matters governed under this agreement, the distributor's general terms shall prevail unless they specify that this agreement between you and GLITCHR STUDIO takes precedence.


This agreement has been concluded in favour of GLITCHR STUDIO, which may independently enforce its terms against you.

We reserve the right to assign this agreement to any other party without notice, to the extent permitted by law.

You may not sub-license, assign, transfer or delegate any of your rights or obligations under these GTU to any third party without our prior, written consent. Any attempt to sub-license, assign, transfer or delegate in violation of this clause shall be null and void.

The content of GLITCHR STUDIO may include hyperlinks to third-party websites and services. GLITCHR STUDIO does not monitor these websites and services and may not be held responsible for their content or the collection, use or disclosure of your personal data.

7. PERSONAL DATA

Please read our confidentiality policy which is accessible via the following link: https://www.glitchr-studio.com/wp-content/uploads/2023/02/Taiko-Frenzy-Privacy-Policy-2023.pdf

8. APPLICABLE LAW AND JURISDICTION

This agreement shall be governed and interpreted in accordance with French law, notwithstanding the provisions on conflicts of laws.

The parties shall be subject to the exclusive jurisdiction of French courts. The parties waive any other jurisdiction which may correspond to them by virtue of their address or any other capacity.

THE PROVISIONS INCLUDED IN THIS SECTION ARE NOT APPLICABLE IN SOME JURISDICTIONS. YOU SHALL NOT BE BOUND BY ANY OBLIGATION INCLUDED IN THIS SECTION TO THE EXTENT THAT IT IS NOT ENFORCEABLE IN THE JURISDICTION OF YOUR RESIDENCE. IF SUCH A CASE SHOULD ARISE, AND PROVIDED YOU ARE LEGALLY ENTITLED TO DO SO, YOU MAY SUBMIT AN APPLICATION TO THE COURTS OF YOUR COUNTRY OF RESIDENCE IN ORDER TO ASSERT YOUR RIGHTS AS A CONSUMER.

Contact us:

You can contact us at contact@glitchr-studio.com