Updated August 8, 2023
Welcome to Cloudheadgames.com! Cloudhead Games Ltd. (collectively with its affiliates and subsidiaries, “Cloudhead”, “we”, “our” or “us”) is a VR game developer headquartered in Qualicum Beach, British Columbia. At Cloudhead, our goal is to create innovative and immersive VR experiences that are safe, inclusive and fun for our players and we ask that our player community strive to enjoy them in that way.
BY ACCESSING OR USING THE SITE, SERVICES OR CONTENT, DOWNLOADING, INSTALLING, OR USING THE GAMES AND ANY OTHER RELATED SOFTWARE AND MATERIALS, CREATING AN ACCOUNT OR OTHERWISE SUBMITTING INFORMATION TO US, YOU AGREE TO AND ACCEPT THE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT SUBMIT INFORMATION TO OR REGISTER AN ACCOUNT WITH US, ACCESS OR USE THE SITE AND SERVICES OR DOWNLOAD, INSTALL OR USE THE GAMES OR CONTENT.
2. Licensing and Ownership of Intellectual Property
Laws and Regulations
Your access to and use of the Site, Games, Services or Content is subject to all applicable international, provincial, state and local laws and regulations. You agree to comply with all applicable laws in relation to your access to and use of the Site, Games, Services or Content.
Limited End User License
Subject to your strict compliance with these Terms, Cloudhead grants you the revocable, non-exclusive, personal, non-transferable, non-sublicensable, limited right and license to access and use the (i) Site, (ii) Games, (iii) Services, and (iv) Content for your personal non-commercial purposes (the “License”). Except as expressly permitted under these Terms, you: (i) shall not acquire any ownership rights in any of the Site, Games, Services or Content; and(ii) will have no right to, directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, transmit, modify, adapt, enhance, improve, create any derivative works from the Site, Games, Services or Content, disclose any part or feature of the Site, Games, Services or Content that Cloudhead has not publicly disclosed, or display, distribute, publicly perform or in any other way exploit the Site, Games, Services or Content in whole or in part. You acknowledge and agree that we may modify, suspend or remove any Content or features of the Site, Games or Services at any time in our sole discretion, without notice.
The term of your License commences on the date of your acceptance of these Terms and shall end on the date and at the time that you stop accessing and using the Site, Games, Services or Content (including, but not limited to UGC and Mods, each as defined below). Your License shall terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Site, Games, Services or Content or you otherwise breach these Terms.
From time to time Cloudhead may provide you with opportunities to earn or receive, or offer to sell you, certain products and services including, but not limited to, subscriptions, memberships, or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, credits, skins or emotes, all for use within the Games accessed through Site, Games or Services), free downloadable content, unlockable content, unlocked keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual in-game items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from Cloudhead to you to access certain features of the Site, Games, Services or Content. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATIONS PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS.
You agree that Cloudhead may control, modify, discontinue, replace, manage or otherwise regulate any Virtual Items, in whole or in part, at any time with or without notice to you, and with no liability of any kind to you. For example, we may sometimes change the purchasing power of the “virtual currency” (by increasing the amount of “virtual currency” needed to purchase Virtual Items such as tokens, emotes or character upgrades). We generally would only do this in incremental steps but we may choose to provide you with notice (such as through posts on our Site, Games, Services or Content) if we plan to make changes that will significantly impact your Virtual Items in a negative way. CLOUDHEAD WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OR ANY OTHER DAMAGE OR LOSS OF ANY KIND TO THE VIRTUAL ITEMS, INCLUDING THE DELETION OF VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR OUR REASONABLE CHANGES TO THE GAMES, SERVICES OR CONTENT.
Except for the license granted hereunder, Cloudhead or its licensors retain all right, title and interest to the Site, Games, Services and Content, including, but not limited to, all copyrights, trade-marks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works and all other intellectual property rights. The Site, Games, Services and Content are protected by Canadian copyright and trade-mark law and applicable laws and treaties throughout the world. Except as expressly permitted in these Terms, the Games may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Cloudhead. Unless expressly permitted in these Terms, any persons copying, reproducing or distributing all or any portion of the Games or Content in any manner or medium without Cloudhead’s prior written consent will be willfully violating copyright laws and these Terms and may be subject to civil and criminal penalties in Canada or their local jurisdiction and may have their access to the Site, Games, Services or Content limited or revoked. These Terms should not be construed as a sale of any rights in the Site, Games, Services or Content. All rights not specifically granted under these Terms are reserved by Cloudhead and, as applicable, its licensors.
Data Collection and Ownership
If you connect to the internet when using the Games, Cloudhead may receive information from hardware manufacturers or platform hosts (including, but not limited to, HTC, Valve, Meta, Sony, their affiliates and may automatically collect certain information from your computer or gaming unit. The information may include, but is not limited to: user IDs (such as gamer tags and screen names), game scores, game achievements, game performance, locations visited, hardware MAC address, internet protocol address, web browser type, operating system of your device, the sections of the Site, Games or Services you visit, the date and time of your use of the Site, Games or Services, your in-media time, your actions within the Site, Games or Services, Site, Games or Services crashes and other system activity, and content that you download from the Site, Games or Services (“Usage Data”). All information collected by Cloudhead is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID used with our platform hosts, then such personal information may automatically be transmitted to Cloudhead and used as described herein.
Trademarks, Logos and Branding
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site, Games or Content are the property of Cloudhead, and our licensor, commercial partners or service providers. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the internet without the express written permission of Cloudhead or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site, Games or Services is protected by applicable intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, reproducing, creating derivative works or using any Content for commercial purposes.
Violation of Third Party Rights
You represent and warrant that all Content of any kind that you upload to or transmit through the Site, Games or Services, including, without limitation, User Songs (as defined below), Mods and all elements therein (as described below) or UGC (as defined below) will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, moral rights, trademark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any such third parties. Cloudhead may terminate the privileges of any users who utilizes the Site, Games, Services or Content to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the user shall have the burden of establishing the same to the satisfaction of Cloudhead, in its sole discretion.
You further represent, warrant and covenant that your use of any user names attached to your account will not violate or infringe upon the trademark, service mark, trade dress, privacy, right of publicity or other proprietary rights of any third party. Without limiting any other rights and remedies of Cloudhead, Cloudhead may suspend the operation and use of any user names where it determines, in its sole and absolute discretion, that the continued use of the user name may infringe on the intellectual property, privacy, publicity or other proprietary rights of any third party.
Cloudhead respects the intellectual property rights of others and expects you to do the same. We will respond to notices of alleged copyright infringement that are properly provided to us and comply with applicable laws. If you believe that anything included in our Site, Games, Services or Content infringes any copyright that you own or control, please provide us with the following information:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
(d) your contact information, including your address, telephone number, and an email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove any Content alleged to be infringing and, if applicable to terminate your account or report you to our service providers without prior notice and at our sole discretion. If you knowingly misrepresent that any Content on our Site, Games or Services is infringing, you may be liable to Cloudhead for certain costs and damages. Please submit all notices of alleged copyright infringement appearing on the Site, in the Games, through the Services or otherwise included in any Content to firstname.lastname@example.org.
User Generated Content
The Games may allow you to create Content, including but not limited to a gameplay map, a scenario, screenshot of the game play or a video of your game play (“User Generated Content” or “UGC”). In exchange for use of the Site, Games or Services, and to the extent that your contributions through use of the Site, Games or Services gives rise to any copyright or other intellectual property interest, you hereby grant Cloudhead an unlimited, exclusive, perpetual, world-wide, royalty-free, fully transferable, sub-licensable, irrevocable right and license to use your UGC in any way and for any purpose in connection with the Site, Games or Services. This license notably covers the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, translate, copy onto any medium, incorporate in other works, extract elements in whole or in part or add elements and to remove other elements, or otherwise communicate to the public by any means, whether now known or unknown, and distribute your UGC without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. We reserve the right to, for any reason whatsoever and at our full discretion, delete, restrict, suspend or modify your UGC, as a result of such UGC not complying with these Terms, applicable laws or the terms of any third party service provider, partner or platform.
You hereby waive all moral rights of paternity, publication, reputation, or attribution with respect to Cloudhead’s and other players use and enjoyment of such assets in connection with the Site, Games or Services and related Content under applicable law. The license granted to Cloudhead and the above waiver of moral rights will survive any termination of these Terms.
Some of the Services we provide or may provide in the future include areas or features as part of the Site, Games, or Services that offer the opportunity for users to submit UGC for public viewing, including without limitation a message board, chat feature, forum, social community environment or blog (the “Interactive Areas”). YOU ACKNOWLEDGE THAT THE INTERACTIVE AREAS ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY UGC SUBMITTED TO AN INTERACTIVE AREA. Cloudhead is under no obligation to review any material whatsoever posted in the Interactive Areas and assumes no responsibility or liability relating to any such UGC. Notwithstanding the above, Cloudhead may from time to time monitoror engage a third party to monitor UGC. We may also provide you with the ability to report comments and to block another member in the Interactive Areas. However, we recommend that you be careful and exercise common sense and good judgment when using any Interactive Areas.
It shall be a material violation of these Terms for you to post or attempt to post any UGC that contravenes any community guidelines which Cloudhead may adopt from time to time in respect of any Interactive Areas and any such community guidelines so adopted, shall be, as the same may be amended or updated from time to time, incorporated by reference into these Terms. YOU ARE SOLELY RESPONSIBLE FOR ANY UGC, INCLUDING PERSONAL INFORMATION, YOU POST AND FOR ANY ACTIONS YOU TAKE ON THE SITE, GAMES OR SERVICES AND THE CONSEQUENCES THEREOF.
Third Party Services
The Site, Games, Services or Content may contain links to websites, products and other resources operated by third parties other than Cloudhead (“Linked Sites”). Such links are provided solely as a convenience to you. Cloudhead does not control such Linked Sites, and is not responsible for the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. The inclusion of links to the Linked Sites on the Site, Games, Services or Content does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Linked Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
Other than with the prior written consent of Cloudhead or as otherwise expressly permitted by these Terms, you agree not to:
Commercially exploit the Sites, Games, Services or Content;
Distribute, lease, license, sell, rent or otherwise transfer or assign the Sites, Games, Services or Content, or any copies of the Sites, Games, Services or Content;
Make a copy of the Sites, Games, Services or Content or any part thereof;
Make a copy of the Sites, Games, Services or Content available on a network for use or download by multiple users;
Except as otherwise specifically provided by the Sites, Games, Services or Content, use or install the Sites, Games, Services or Content (or permit others to do same) on a network, for online use, or on more than one computer or gaming unit at the same time;
Reverse engineer, decompile, disassemble, prepare derivative works based on or otherwise modify the Sites, Games, Services or Content, in whole or in part;
Remove or modify any proprietary notices, marks or labels contained on or within the Sites, Games, Services or Content;
Use the Sites, Games, Services or Content to in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, date or personal information;
Use the Sites, Games, Services or Content to in any way transmit content or data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may be invasive of another’s right of privacy or publicity;
Use the Sites, Games, Services or Content to develop a competitive website, game or services; or
Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Sites, Games, Services or Content by any Canadian or U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
The Games or Services may include measures to control access to the Games or Services, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. If a Game or Service permits access to additional online features, only one copy of the Game or Service may access those features at one time (unless otherwise provided in the applicable Game or Service documentation). Additional terms and registration may be required to access online Services and to download updates and patches to the Games. Only copies of the Games subject to a valid license can be used to access online Services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Games or Services will not function properly.
Suggestions and Feedback
Any and all creative suggestions, ideas, notes, drawings, concepts, feedback or other information that you provide to Cloudhead (collectively, “Submissions”) are deemed to be the property of Cloudhead and Cloudhead will own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions of every kind and nature, worldwide and in perpetuity, and you hereby assign to Cloudhead all such intellectual property rights to the extent owned by you and you hereby waive all moral rights, or the equivalent thereto, in any applicable jurisdiction, including without limitation all rights you may have to be associated with or disassociated from the Submission, any rights you may have to prevent the alteration, translation or destruction of the Submissions and any rights you may have to control the use of the Submissions in association with any product, service, cause or institution. In the event that any of the Submissions are not assignable, you agree that Cloudhead is irrevocably, throughout the world and in perpetuity, entitled to use reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, creative derivative works from and distribute any Submission for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission, including sublicensing any third party to do any or all of the foregoing. You agree, at Cloudhead’s request, to execute such further documents and do such further acts as may be necessary or desirable to document or enforce Cloudhead’s ownership of the Submissions, including, without limitation, execution of a copyright assignment in a form provided by Cloudhead in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint Cloudhead as your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file any such documents as may be necessary or desirable. You agree that the above rights and wavier in respect of the Submission may be invoked by Cloudhead or any of its authorized representatives and that Cloudhead may assign the benefit of the above rights and waiver to any person.
These Terms incorporate the rules and guidelines that apply to your use of the Site, Game, Services and Content, as well as your participation in, or sponsorship of, any tournament (the “Tournament”).
To sponsor a Tournament, you must notify and provide Cloudhead with all necessary information including without limitation, the location, time, and anticipated revenue of the Tournament in a timely manner and you must obtain the prior written approval of Cloudhead in the form of an executed Tournament License Agreement (“Tournament License Agreement”), in the form provided by Cloudhead in its sole discretion. Tournament enquiries must be submitted by email to Cloudhead at: email@example.com at least 60 days in advance of the start date of any Tournament for which you are notifying Cloudhead of.
The Services may either or both: (i) include; or (ii) provide access to, tools or third party services that allow you to create and customize Content within the Games, including, but not limited to, the ability to modify levels, maps, scenarios and all other Content (“Mods”), which may be used and shared in the framework of the Games and the Online Editor Services. For the purposes of the Terms, “Online Editor Services” refers to any platform permitted by Cloudhead that allows you to access the Games, access a group of functions and information pertaining to the Games, to interact with game play methods in relation to the Games, and to access tools to create and share Mods pertaining to the Games or that enable you to export Mods from the Games and back into the Games, in accordance with these Terms.
If you decide to access any Online Editor Services, you do so entirely at your own risk. Cloudhead does not issue any guarantee whatsoever and shall not accept any liability in relation to Online Editor Services, including, but not limited to:
the availability of the Online Editor Services;
Infringement, by any person whatsoever, of intellectual property rights of a third party caused by the use of the Online Editor Services;
any level or type of loss or damage attributable to viruses or other malware likely to infect computer hardware, software, data or other assets of a user, and occasioned by people accessing the Online Editor Services, and using or downloading it or attributable to transfer by email or attachments received from Cloudhead or its licensors; or
the correction of any error, or interruption or continuous flawless operation of the Online Editor Services.
For the purposes of these Terms, any third party Online Editor Services are considered Linked Sites, and may be subject to the terms and conditions and the privacy policies imposed by third parties. You will comply with all applicable third party terms of service, end user license agreements, and policies relating to Mods, including any agreements or policies provided by any Online Editor Services (“OES Agreements”). If there is a conflict between these Terms and the terms and conditions in any such applicable OES Agreements, the terms in the OES Agreements will prevail over the conflicting terms in these Terms, but solely for the purpose of the specific OES Agreement and not for any other purpose. We encourage you to review the terms in any applicable OES Agreement. You shall be solely and exclusively liable for using and sharing all Mods that you create and you should in all instances respect these Terms and the terms in any applicable OES Agreement at the time of creating, using or sharing all Mods. Cloudhead may under no circumstances be held liable for any alteration in the quality of the Games, alteration or loss of UGC at the time of, or otherwise due to you creating, using, or sharing any Mods, or the infringement by any Mods of any intellectual property right held by any third parties that may result from you using, creating or sharing any Mods.
In exchange for use of the Site, Games or Services, and to the extent that your contributions through the use of the Site, Games or Services gives rise to any copyright or other intellectual property interest in the Mods, you hereby grant to Cloudhead, for the entire duration of protection granted to such intellectual property rights by applicable laws and international conventions, an unlimited, exclusive, perpetual, world-wide, royalty-free, fully transferable, sub-licensable, irrevocable right and license to use your Mods and all elements therein, in any manner whatsoever, , in connection with one or more of the Site, Games or Services, including, but not limited to, the right to reproduce, perform, broadcast, transmit, translate, license, post, sell, copy, modify, adapt, execute, display, edit, publish, transfer, incorporate in other works, extract elements in whole or in part, add or remove elements, create derivative works from, communicate to the general public by any means, whether now known or hereafter devised, and to distribute your Mods and your contributions, for any purpose whatsoever, commercial or otherwise, without any notice, credit or compensation to you of any kind.
You hereby waive, and agree to never claim in any applicable jurisdiction, any moral rights of paternity, publication, reputation or attribution over the use of such Mods by Cloudhead or other players, including without limitation all rights you may have to: (i) be associated with or disassociated from such Mods; (ii) prevent the alteration, translation or destruction of such Mods; and (iii) control the use of such Mods in association with any product, service, cause or institution. You agree, at Cloudhead’s request, to execute documents as may be necessary or desirable to document or enforce the aforementioned license that you granted to Cloudhead, in a form provided by Cloudhead. If you fail or refuse to execute any such documents, you hereby appoint Cloudhead as your attorney in fact, which appointment is coupled with an interest and is irrevocable, to act on your behalf and to execute, deliver, record and file any such documents as may be necessary or desirable. You acknowledge that the power of attorney granted herein is a power coupled with an interest and cannot be revoked and will survive your incompetence or death. You agree that the above rights and wavier in respect of the Mods may be invoked by Cloudhead or any of its authorized representatives and that Cloudhead may assign the benefit of the above rights and waiver to any person. The license granted to Cloudhead and the above waiver of moral rights will survive any termination of these Terms.
Notwithstanding the foregoing, you acknowledge and accept that any and all Mods you create may include assets, materials and other Content that belong to one or both of Cloudhead and its licensors and nothing in these Terms or otherwise shall confer any transfer of rights (including intellectual property rights) to such Mods, which will continue to be owned by one or both of Cloudhead and its licensors.
With respect to each Mod, you will provide complete and accurate disclosure in response to all requests made by Cloudhead or the Online Editor Services regarding the use of intellectual property within the Mod, the Mod’s security and data privacy measures and processes, and information pertinent to content ratings, and you are responsible for ensuring that the Mod is, and remains, compatible with the Services and the applicable Games. You represent and warrant that your Mods do not:
violate applicable law;
violate or infringe any third party rights, including intellectual property rights, contract rights, privacy rights, publicity rights, moral rights, or any other rights of any person or entity; or
contain any viruses or malicious code or content, such as any software that interferes with, disrupts, damages, or provides unauthorized access to devices, servers, networks or other properties or services of any third-party.
Cloudhead reserves the right to take down any Mods in its discretion.
Cloudhead does not permit the infringement of third party intellectual property rights through the Services. You acknowledge and agree that you will not create, generate or make available through the Games, Services or any Online Editor Services any Mod containing intellectual property rights to which you do not have a right to license or grant.
You further represent, warrant and confirm that you have all necessary rights in any: (i) Mods which may be submitted to Cloudhead or uploaded to the Games, Services or any Online Editor Services; and (ii) songs you may upload to the Games, Services or Online Editor Services for use in the Mods, and all copyrights therein (the “User Song”), and that such User Songs are not subject to royalties, and Cloudhead has no obligation to pay royalties to any third party, including without limitation, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a sound recording PRO, any unions or other third parties. You shall not: (i) use or export Mods outside of the framework of the Games in which the Mods have been generated or any applicable Online Services Editor; or (ii)extract any component of the Game. Any creation and publication of Mods is strictly for personal and non commercial purposes only and you are not entitled to any compensation by Cloudhead for your Mods.
Cloudhead has the right but not the obligation to monitor and edit or remove any Mod.
Cloudhead also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Cloudhead may exercise these rights at any time, without notice or liability to you or any third party.
5. Limitations of Liability
Disclaimer of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SITE, GAMES, SERVICES AND ALL CONTENT ON THE SITE AND IN THE GAMES AND SERVICES, INCLUDING WITHOUT LIMITATION ANY LINKED SITES, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, SUITABILITY OR ACCURACY, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. NONE OF CLOUDHEAD, CLOUDHEAD’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE SITE, GAMES AND SERVICES, THEIR RESPECTIVE AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “CLOUDHEAD PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, GAMES, SERVICES AND ALL CONTENT CONTAINED IN THE SITE, GAMES AND SERVICES WILL BE UNINTERUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE SITE, GAMES OR SERVICES OR IN RESPECT OF THE FITNESS FOR ANY INTENDED PURPOSE OF THE SITE, GAMES OR SERVICES.
DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE CLOUDHEAD PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE SITE, THE GAME OR THE SERVICES ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. CLOUDHEAD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THE GAME OR THE SERVICES; THAT THE SITE, THE GAME OR THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SITE, THE GAME OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE, THE GAME OR THE SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE SITE, THE GAME OR THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY CLOUDHEAD PARTY SHALL CREATE ANY WARRANTY.
IN NO EVENT WILL ANY CLOUDHEAD PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SITE, THE GAME OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE GAME, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY CLOUDHEAD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLOUDHEAD’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE GAME.
BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Limitation of Liability
Limitation of Liability for the Use of the Site, Game(s), Services and Online Editor Services
TO MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT CLOUDHEAD, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS WILL NOT BE LIABLE, WHETHER UNDER STATUTE OR IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY, PERSONAL PROPERTY DAMAGE, BREACH OF PRIVACY, LOSS OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, THE REPLACEMENT COST OF PERSONAL PROPERTY, THE COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, REPUTATIONAL LOSS OR DATA CORRUPTION OR DATA LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE (INCLUDING THE REPETITIVE USE) OF THE SITE, GAMES, SERVICES, CONTENT OR ONLINE EDITOR SERVICES OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, GAMES, SERVICES, CONTENT OR ONLINE EDITOR SERVICES OR A LINKED SITE, HOWSOEVER ARISING INCLUDING THE NEGLIGENCE OF CLOUDHEAD, EVEN IF CLOUDHEAD IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT OR DAMAGES.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS SOFTWARE WHICH MAY INFECT YOUR EQUIPMENT OR DEVICES, FAILURE OF THE GAMES, SERVICES, OR ONLINE EDITOR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS OR UNAUTHORIZED DISCLOSURE OF PERSONAL INFORMATION OR DATA, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. CLOUDHEAD CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, GAMES, SERVICES/OR ONLINE EDITOR SERVICES.
Limitation of Liability for Third Party Goods, Services and Activities Arranged Through the Site
YOU AGREE THAT CLOUDHEAD IS ONLY A CONDUIT FOR THE SERVICE PROVIDERS, SUPPLIERS AND ADVERTISERS OF THIRD PARTY GOODS AND SERVICES ADVERTISED ON OR AVAILABLE THROUGH THE SITE, GAMES, SERVICES, CONTENT OR A LINKED SITE, INCLUDING THIRD PARTY ACTIVITIES, AND CLOUDHEAD DOES NOT ENDORSE OR CONTROL ANY SUCH SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, ADVERTISERS, THIRD PARTY ACTIVITIES OR THIRD PARTY GOODS OR SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE, BREACH, LOSS OR PERSONAL INJURY ARISING FROM OR IN CONNECTION WITH THIRD PARTY ACTIVITIES OR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SITE, GAMES, SERVICES, CONTENT OR LINKED SITES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH SERVICE PROVIDERS, THIRD PARTY SUPPLIERS, ADVERTISERS AND THIRD PARTY ACTIVITY ORGANIZERS OR PARTICIPANTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CLOUDHEAD HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN CONNECTION WITH THE THIRD PARTY ACTIVITIES AND GOODS OR SERVICES PROVIDED BY YOU OR ANY OTHER SERVICE PROVIDER, SUPPLIER, ADVERTISER OR THIRD PARTY ACTIVITY ORGANIZER THROUGH THE SITE, GAMES, SERVICES, CONTENT OR LINKED SITES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, PERSONAL INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SERVICE PROVIDER, SUPPLIER OR ORGANIZING ADVERTISER OR PARTICIPANT, AND YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AGREE NOT TO SUE, AND FOREVER DISCHARGE CLOUDHEAD AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, FROM ANY LIABILITY WITH RESPECT TO THE SAME.
Cap on Liability
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF CLOUDHEAD AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO (I) YOUR USE (INCLUDING REPETITIVE USE) OF, OR THE INABILITY TO USE, THE SITE, GAMES, SERVICES, CONTENT OR ONLINE EDITOR SERVICES OR A LINKED SITE OR (II) THE THIRD PARTY ACTIVITIES AND GOODS OR SERVICES PROVIDED BY YOU OR ANY OTHER SERVICE PROVIDER, SUPPLIER, ADVERTISER OR THIRD PARTY ACTIVITY ORGANIZED THROUGH THE SITE, GAMES, SERVICES, CONTENT OR ONLINE EDITOR SERVICES OR A LINKED SITE, EXCEED THE AGGREGATE OF ALL AMOUNTS PAID (IF ANY) BY YOU TO CLOUDHEAD. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESESNTIAL PURPOSE.
6. Health and Safety Precautions
The below should be reviewed before use of the Games. If the Games will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury or death.
The Games should not be used by children under the age of 13, as this is a critical period in visual development. Adults should monitor children (age 13 and older) who are using or have used the Games for any of the symptoms described below, and should limit the time children spend using the Games and ensure that they take breaks during use.
Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the Games for any decrease in these abilities.
Epileptic Seizure Warning
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Games. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Games. Parents and guardians should watch their children while playing the Games. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms:
Eye or muscle twitching;
Loss of consciousness or awareness;
Involuntary movements; or
Cloudhead is not liable for any death, injury or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Games. To reduce the likelihood of a seizure or epileptic symptoms do not play the Games when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Games.
Playing video games (especially virtual reality games), including the Games, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Games, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Games, do not use the Games when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
Repetitive Motion Injuries and Eye Strain
Playing video games, including the Games, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
Avoid excessive play;
Adults should monitor children for appropriate play;
Take a 10 to 15 minute break every 30 minutes while playing the Games;
If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
If you continue to have any of the above symptoms or other discomfort during or after playing any Game, stop playing and consult a doctor.
Play Area Precautions
Give yourself plenty of room to play the Games. Always be aware of your surroundings when playing the Games. While playing the Games, you will be moving around the play area and using your hands to gesture and control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, objects, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged during or immediately after using the Games. All objects that may pose tripping hazards, could cause injury or could be damaged as the result of your contact with them while playing the Games should be removed from the play area prior to your or your family members playing the Games. A minimum 6ft by 6ft unobstructed play area is recommended for Users safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Games.
As the Games are immersive virtual reality experiences, you may not be able to fully see or hear your surroundings while playing the Games, so necessary precautions should be taken to ensure the safety of yourself and those around you while you or your family members are using the Games. Before playing the Games, please take a moment to ensure that the play area and surrounding space is safe and free of potential hazards. Due to the immersive nature of the Games, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Games and so as not to damage your hearing. Users should not use the Games if their awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.
Cloudhead is not liable for any damage to property, injury or death that may occur as the result of the interactions between you or your family members and people or objects in or around the play area during your use of the Games.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CLOUDHEAD, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, LIABILITIES, ACTIONS AND CAUSES OF ACTION MADE OR BROUGHT AGAINST AND ALL COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES ON A FULL INDEMNITY BASIS AND ANY OTHER FEES AND EXPENSES INCURRED FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION, AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY SUFFER OR INCUR ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE (INCLUDING REPETITIVE USE) OR MISUSE OF THE SITE, GAMES, SERVICES, CONTENT, ANY LINKED SITES OR THIRD PARTY ACTIVITIES; (II) YOUR BREACH OR ALLEGED BREACH OF ANY OF THESE TERMS; (III) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY APPLICABLE LAW; (IV) YOUR NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; (V) YOUR INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT, RIGHT OF PRIVACY OR PUBLICITY OR ANY OTHER LEGAL RIGHT OF ANY PERSON OR ENTITY; (VI) YOUR ADVERTISING, MARKETING, PROMOTION, SALE OR DISTRIBUTION OF ANY GOODS OR SERVICES; AND (VII) YOUR ATTENDANCE OR PARTICIPATION IN ANY THIRD PARTY ACTIVITIES.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS INDEMNITY SECTION, WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
8. Violation of these Terms and Termination
Cloudhead and our third party service providers may monitor, terminate or suspend your account or access to the Site, Services, Games or Content at any time.
In addition to the foregoing, Cloudhead reserves the right to pursue all remedies available at law and in equity for violations of these Terms. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of these Terms by you and, without limiting any of Cloudhead’s other remedies, you hereby consent to, and authorize Cloudhead to obtain an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security. You further authorize Cloudhead to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
These Terms, as amended from time to time by Cloudhead, shall remain effective until terminated by you or Cloudhead. Upon termination of these Terms for any reason, you must cease use of your account, if any, cease accessing and using the Site, Games, Services and Content, purge and destroy all electronic and other copies of any Content.
These Terms will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Games and all of its component parts, including without limitation all Content. You can also end these Terms by destroying the Games and all copies and reproductions of the Games and deleting and permanently purging the Games and all Content from any client server or computer or other devices on which it has been installed.
9. Dispute Resolution
You and Cloudhead agree that any dispute, claim or controversy arising out of or relating to these Terms, any policy or guarantee referred to herein, or the breach, termination, enforcement, interpretation or the validity thereof, or the use of the Site, Games, Services or Content (collectively, the “Disputes”) will be settled by final and binding arbitration, except that each party retains the right to (i) bring an individual action in the British Columbia Supreme Court, or the British Columbia Provincial Court (Small Claims Division) if the action is within the jurisdiction of that court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidential information or other intellectual property, proprietary, publicity or privacy rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CLOUDHEAD ARE EACH IRREVOCABLY WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR REPRESENTATIVE PROCEEDING. Further, unless you and Cloudhead expressly agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding. Except where otherwise expressly provided in these Terms, all remedies of Cloudhead hereunder shall be cumulative. This “Dispute Resolution” section shall survive any termination of these Terms.
Any arbitration to be conducted pursuant to this “Dispute Resolution” section shall be conducted before a single arbitrator in accordance with the rules of the British Columbia International Commercial Arbitration Centre for Domestic Disputes. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The seat of the arbitration shall be in Vancouver, British Columbia. You and Cloudhead hereby irrevocably submit to the exclusive jurisdiction of the arbitrator in Vancouver, British Columbia and waive any defense in an arbitration based upon any claim that such party is not subject personally to the jurisdiction of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improper. The arbitral award shall be in writing and shall be final and binding on each of you and Cloudhead. The award may include an award of costs, including legal fees and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets. YOU ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO A JURY TRIAL WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE UNDER THESE TERMS.
You irrevocably waive any objection you may have now or hereafter to the laying of venue of any action or proceeding in any court, arbitration or jurisdiction referred to in this Section 8 and any claim you may have now or hereafter that any action or proceeding brought in such forum or jurisdiction has been brought in an inconvenient forum. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of these Terms.
10. Updates and Changes
Cloudhead reserves the right, acting in our sole discretion and at any time, to revise these Terms. Revised Terms will be posted to the Site and all changes are effective immediately upon posting. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site, Games and Services. Your continued use of the Site, Games or Services after any such changes come into effect shall constitute your acceptance of such changes.
You acknowledge and agree that the Site, Games and Services are under continual
development and may include public patches or updates, which are generally available to all users, or private patches or updates which are available to a smaller number of users for testing and feedback before being made generally available. You further acknowledge and agree that you may be required to accept public patches and updates to the Site, Games or Services from time to time in order to continue to access the Site, Games or Services and your related account, if any. You acknowledge and agree that Cloudhead may update, modify, patch or discontinue any aspect of the Site, Games or Services, by remotely installing updates and patches or otherwise, without your consent or approval and with or without prior, or any, notice to you.
You acknowledge that it may be necessary for you to update or upgrade third party software, hardware and devices from time to time in order to continue to access and use the Site, Games or Services and any related account. Cloudhead reserves the right to modify or increase the system specifications necessary to access and use the Site, Games or Services at any time and without notice and you are responsible for purchasing any necessary additional technology, systems or services in order to continue to access and use the Site, Games, Services and Content and any related account in the event of any change in the system specifications. Cloudhead reserves the right, at any time and without notice or liability to you, to update, modify and reset certain parameters of the Site, Games or Services.
Cloudhead reserves the right, acting in its sole discretion and with or without prior notice to you, to do any of the following:
(a) modify, suspend or terminate operation of, or access to, any portion, features or functions of the Site, Games or Services including, but not limited to, hours of availability, geographical availability and applicable policies or terms;
(b) make changes to any fees or charges, if any, related to your use of the Site, Games or Services;
(c) remove links or references to any Linked Sites from the Site, Games or Services;
(d) make changes to the equipment, hardware or software required to use and access the Site, Games or Services; and
(e) interrupt the Site, Games and /or Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.
11. Internet Connection
The Site, Games or Services may require an internet connection to access internet based features, authenticate the Site, Games or Services, provide updates or patches from time to time, or perform other functions. In order for certain features of the Site, Games or Services to operate properly, you may be required to have and maintain (a) an adequate Internet connection and/ (b) a valid and active account with an online service as set forth in the Site, Games or Services documentation, including, but not limited to, HTC Viveport, Meta, Steam, Sony. If you do not maintain such accounts, then certain features of the Game may not operate or may cease to function properly, either in whole or in part.
These Terms represent the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended, modified or deleted by Cloudhead at any time in accordance with the terms hereof. If any of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining Terms shall not be affected.
These Terms shall be construed (without regard to conflicts or choice of law principles) under the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Waiver and Severability
The failure of Cloudhead to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void by a court of competent jurisdiction, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in anyway the remainder of such provision or any other provision of the Terms.
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of Cloudhead, which consent may be withheld in Cloudhead’s sole discretion, and any attempted assignment in violation of the foregoing is void. Cloudhead may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site, Games, Services or the business and undertaking of Cloudhead.
These Terms shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.
Cloudhead will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of events beyond the reasonable control of Cloudhead, including without limiting the foregoing where the delay or failure is due to fires or fire related hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyberattacks, earthquakes, floods, spills, pandemics, epidemics, acts of God, war or acts of war, acts of terrorism, riots, strikes, lockouts or other labour or contractor actions, acts of public authorities, or delays or defaults caused by common carriers, or other similar events which cannot reasonably be foreseen or provided against.
The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.
The relationship between the parties is that of independent contractors and neither party shall have the authority to bind the other in any way.
Additional Terms and Conditions for Specific Cloudhead Games or Services
Certain Cloudhead Games or Services may require you to read and agree to terms and conditions that are specific to those Games or Services, including the terms and conditions of our third party service providers or platform hosts. Your right to use such Games or Services is subject to those specific terms and these Terms. If there are any inconsistencies between those specific terms and these Terms, Cloudhead will be the sole arbiter of any such inconsistencies.
If you ever have any questions, concerns or complaints regarding these Terms or the Game, please contact:
CLOUDHEAD GAMES LTD.
Harlech Road Qualicum Beach, BC V9K 1G9