This document may be updated from time to time and the current version will be posted at http://winckstudios.com/legal/eula/. Your continued use of the App (as defined below) after a revised version has been posted constitutes acceptance by you of its terms. You are responsible for checking this document periodically for changes.
Your use of the App is subject to this end user license agreement (the “Agreement”) and the terms set forth below. For the purposes of this Agreement, all references to the “App” include Stajit and all related software, the accompanying manual(s), related packaging and other written, files, electronic or online materials or documentation, any and all copies of the the same, including any updates thereto. By opening the App, installing, and/or using the app and any of the related software and materials, you hereby accept the terms of this Agreement with Winck Studios (“Licensor”).
NOTICE TO MINORS AND PARENTS:
1. Licensing and Ownership of Intellectual Property
1.1 Grant of License
Subject to this Agreement and its terms and conditions, Licensor hereby grants you the nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the App for your personal non-commercial or commercial use, unless otherwise specified in the App documentation. Your acquired rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the App and ends on the earlier date of either your disposal of the App or Licensor’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the App. The App is being licensed to you and you hereby acknowledge that no title or ownership in the App is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the App. All rights not specifically granted under this Agreement are reserved by Licensor and, as applicable, its licensors.
Licensor retains all right, title and interest to the App, 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, moral rights and all other intellectual property rights. The App is protected by United States copyright and trade-mark law and applicable laws and treaties throughout the world. The App may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Licensor. Any persons copying, reproducing or distributing all or any portion of the App in any manner or medium will be willfully violating the copyright laws and the terms of this Agreement and may be subject to civil and criminal penalties in the United States or their local jurisdictions. The App contains certain licensed materials and Licensor’s licensors may also protect their rights in the event of any violation of this Agreement. All rights not expressly granted to you herein are reserved by the Licensor.
You agree not to:
- Distribute, lease, license, sell, rent or otherwise transfer or assign the App, or any copies of the App, without the express prior written consent of Licensor or as set forth in this Agreement;
- Make a copy of the App or any part thereof (other than as set forth herein);
- Making a copy of the App available on a network for use or download by multiple users;
- Except as otherwise specifically provided by the App or this Agreement, use or install the App (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 App, in whole or in part;
- Remove or modify any proprietary notices, marks or labels contained on or within the App;
- Use the App 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, data or personal information;
- Use the App 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 App or any related content, items or data contained therein to develop a competitive app; or
- Transport, export or re-export (directly or indirectly) into any country forbidden to receive such App by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.
1.4 Technical Protections
The App may include measures to control access to the App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. If the App permits access to additional online features, only one copy of the App may access those features at one time (unless otherwise provided in the App documentation). Additional terms and registration may be required to access online services and to download updates and patches to the App. Only copies of the App 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 App will not function properly.
1.5 User Content
- Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.
- Licenses to Your Content in Order to Operate the App. We require certain licenses from you to your content to operate and enable the App. When you upload content to the App, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the App.
- Our Access. We will only access, view, or listen to your content in limited ways. For example, in order to use the App, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms.
1.6 Suggestions and Feedback
Any and all creative suggestions, ideas, notes, drawings, concepts, feedback or other information that you provide to the Licensor (collectively, “Submissions”) are deemed to be the property of the Licensor and the Licensor 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 the Licensor all such intellectual property rights to the extent owned by you.
In the event that any of the Submissions are not assignable, you agree that the Licensor 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 the Licensor’s request, to execute such further documents and do such further acts as may be necessary or desirable to document or enforce the Licensor’s ownership of the Submissions, including, without limitation, execution of a copyright assignment in a form provided by the Licensor in its sole discretion. If you fail or refuse to execute any such documents, you hereby appoint the Licensor 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.
1.7 Internet Connection
The App may require an internet connection to access internet-based features, authenticate the App, provide updates or patches from time to time, or perform other functions. In order for certain features of the App to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the App documentation, including but not limited to the Oculus Store, HTC Vive store or Steam, Licensor or a Licensor affiliate. If you do not maintain such accounts, then certain features of the App may not operate or may cease to function properly, either in whole or in part.
1.8 Updates and Evolution of App
From time to time, without prior notice, Licensor may in its sole discretion add new features to the App, remove existing features from the App, provide patches, updates or otherwise modify the App. We may provide updates that must be installed on your computer or gaming system in order for you to access and use the App. You hereby consent to the Licensor remotely installing updates to the App on your computer or gaming system, without further notice.
You understand that the App, and the system specifications necessary to use the App, may continuously evolve over time as the result of patches and updates to the App. The Licensor reserves the right to modify or increase the system specifications necessary to use the App at any time and without notice. You are responsible for purchasing any necessary additional technology, systems or services in order to access and use the App.
2. Information Collection & Usage
The information collected by Licensor may be posted by Licensor on publicly-accessible web sites, shared with hardware manufacturers, shared with platform hosts, shared with Licensor’s marketing partners or used by Licensor for any other lawful purpose. By using the App you consent to the Licensor’s use of related data, including public display of your data such as identification of your user created content or displaying your scores, ranking, achievements and other gameplay data. If you do not want your information shared in this manner, then you should contact Licensor to opt-out or you should not use the App.
3. Limitations of Liability
3.1 Disclaimer of Liability
NONE OF LICENSOR, LICENSOR’S THIRD PARTY SERVICE PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE APP, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “LICENSOR PARTIES”) MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE, AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR MATERIALS INCLUDED IN THE APP OR IN RESPECT OF THE APP’S FITNESS FOR ANY INTENDED PURPOSE.
DUE TO VARIATIONS IN HARDWARE, SOFTWARE, INTERNET CONNECTIONS AND INDIVIDUAL USAGE, THE LICENSOR PARTIES DOES NOT WARRANT THE PERFORMANCE OF THE APP ON YOUR SPECIFIC COMPUTER OR GAMING UNIT. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APP WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY ANY LICENSOR PARTY SHALL CREATE ANY WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ANY LICENSOR PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE APP, 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 THIS AGREEMENT OR THE APP, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT ANY LICENSOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE APP.
BECAUSE SOME PROVINCES/STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
4. Health and Safety Precautions
The below should be reviewed before use of the App. If the App 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 App 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 App for any of the symptoms described above, and should limit the time children spend using the App 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 App for any decrease in these abilities.
4.2 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 App. 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 using the App. Parents and guardians should watch their children while using the App. Stop using the App and consult a doctor if you or your child has any of the following symptoms:
- Eye or muscle twitching;
- Loss of consciousness or awareness;
- Altered vision;
- Involuntary movements; or
The Licensor 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 App. To reduce the likelihood of a seizure or epileptic symptoms do not use the App when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while using the App.
4.3 Motion Sickness
Playing video games (especially virtual reality games and apps), including the App, may cause motion sickness in some users. If you or your child feels dizzy or nauseous when using the App, stop using the App 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 using the App, do not use the App 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.
4.4 Repetitive Motion Injuries and Eyestrain
Using apps, including the App, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
- Avoid excessive use;
- Adults should monitor children for appropriate use;
- Take a 10 to 15 minute break every 30 minutes while using the App;
- If your hands, wrists, arms, eyes or other parts of your body become tired or sore during usage, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before using the App again; and
- If you continue to have any of the above symptoms or other discomfort during or after using the App, stop using the App and consult a doctor.
4.5 Play Area Precautions
Give yourself plenty of room to use the App. Always be aware of your surroundings when using the App. While using the App you will be moving around the play area and using your hands to gesture and control the App. Make sure the play area is clear of furniture, objects and other people that could be bumped into during usage. 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 App. All objects that may pose tripping hazards, could cause injury or could be damaged as the result of your contact with them while using the App should be removed from the play area prior to your or your family members using the App. A minimum 6ft by 6ft unobstructed play area is recommended for Users’ safe enjoyment of the App. Never handle sharp or dangerous objects while using the App.
As the App is an immersive virtual reality experience, you may not be able to fully see or hear your surroundings while using the App, so necessary precautions should be taken to ensure the safety of yourself and those around you while you or your colleagues are using the App. Before using the App, 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 App, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while using the App and so as not to damage your hearing. Users should not use the App if their awareness of their 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.
The Licensor 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 App.
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the App and all of its component parts. You can also end this Agreement by destroying the App and all copies and reproductions of the App and deleting and permanently purging the App from any client server or computer on which it has been installed.
6. Equitable Remedies
You hereby agree that if the terms of this Agreement are not specifically enforced, Licensor will be irreparably damaged, and therefore you agree that Licensor shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
You agree to indemnify, defend and hold Licensor, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the App pursuant to the terms of the Agreement.
This Agreement represents 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 the Licensor at any time in accordance with the terms hereof. If any provision of this Agreement 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 provisions of this Agreement shall not be affected.
8.2 Governing Law
This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the State of Kentucky, U.S.A. and the federal laws of the United States applicable therein.
8.3 Dispute Resolution.
(a) Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Winck Studios must resolve any claims relating to these terms or the App through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
(b) Rules. If you reside in the Americas, the arbitration will occur in Scott County, Kentucky pursuant to its Comprehensive Arbitration Rules and Procedures. There will be one arbitrator that you and Winck Studios both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties.
(c) No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
(d) Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the App or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.4 Complaints or Notices
If you ever have any questions, concerns or complaints regarding this Agreement or the App, please contact:
Last Update October 1, 2016.