TERMS OF SERVICE
Last Updated: January 7th, 2023
These TERMS OF SERVICE (the “Terms”) govern your use of our website located at http://quantaar.com (the “Site”), Pumpkin VR Co., Ltd. (“We” or “Pumpkin”) provides our virtual reality (“VR”) titles ( “Games”) and our services accessible via our Site and Game (collectively, the “Site” and the “Games”, and our services called the “Services”). By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use the Services.
You acknowledge and agree to the following terms: (a) Pumpkin may delete, modify, or update the content of the Game from time to time; (b) you will have no rights to any compensation based on your participation in any unofficially released version of Games, and (c) your participation in any unofficially released version of Games does not entitle you to receive access to the full commercial version of the Games, and you may be required to separately purchase the full commercial version.
Eligibility, Game Platform, Account, Personal Data
(A) Eligibility: You may use the game only if you are 13 years or older, capable of forming a binding contract with Pumpkin, and are not barred from using the services under applicable law.
(B) Game Platform: You are accessing our Game through Steam and Meta Quest (the “Game Platform”). To access or download our Game through the Game Platform, you must create an account with that Game Platform (a “Gaming Account”), and you acknowledge and agree that the Game Platform’s terms and conditions may apply to your use of the Game Platform, your Gaming Account, and your use of our Services through the Game Platform.
(C) Account: When you access our Game through a Game Platform, we will receive certain information about you from your Gaming Account or ask you to create a username for the Game. We may use this information to create an account for your use of our Game, which you may supplement with additional information through the functionality of the terms. You also understand and agree that, by agreeing to the terms, we may use the personally identifying information that you have provided us to improve the Game.
(D) Personal Data: Please visit our Privacy Notice at https://quantaar.com/privacy-policy/
Content and Content Rights
For purposes of these Terms, “Content” means text, graphics, images, in-game music, software, audio, video, works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided, or otherwise made available through Pumpkin. We exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. Decca Records (UMG Recordings Inc) owns exclusively the rights to the soundtrack album.
Conduct on the Service
You may use the Game only for lawful, personal, non-commercial purposes, and may not further reproduce or distribute the downloaded game. Any download of this game is subject to these terms and conditions.
You may not: (i) engage in any act that we deem to conflict with the spirit or intent of the Game; (ii) use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Game;(iii) use the Game in a manner that exceeds the rights granted for your use; (iv) use the Game for data mining, robots, or similar data-gathering and extraction tools; (v) reproduce, copy, adjust, display, modify, translate, port, publish, sublicense, transfer, or otherwise distribute or exploit the Game’s content without our prior written consent; (vi) reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game, or to obtain any information from the Game using any method not expressly permitted by us; (vii) offer any form of advertising or promotion within the Game without our prior written consent; provide any false information or any third-party information without permission; (viii) transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages) through the Game; (ix) use the Game in a manner that could damage, disable, or overburden our servers or networks; interfere with any other party’s use and enjoyment of the Game; (x) or circumvent any mechanisms included in the Game for preventing the unauthorized reproduction or distribution of any content in the Game.
You may not submit or transmit through the Game any information, content, or material or otherwise engage in any conduct that: (i) violates or infringes upon the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or pornographic; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person, business, or entity, including Pumpkin and its employees and/or agents; (v) contains viruses or any other computer code, files, or programs, that interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network; (vi) encourages conduct that would constitute a criminal offense or give rise to civil liability; or (vii) otherwise violates these Terms.
We reserve the right to determine what conduct is considered to be a violation of the Terms, and to take action as a result, including the termination of your account and prohibiting you from using the Game on whole or in part.
Health and Safety Precautions
Playing games in virtual reality including the Game may cause motion sickness. Even though the Game provides a sitting experience and doesn’t require intense physical movement, the fast-paced and intense combat in the Game may make you feel uncomfortable. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not use the Game when you are under the influence of drugs and alcohol or experiencing any physical and mentally tiredness. Adults should monitor children closely: (i) when they are using or have used the Game for all the circumstances; and (ii) during or after use of the Game for any decrease in physical and mental abilities.
Disclaimer of Warranties and Limitation of Liability
We provide the Game with all faults and as available. We and our licensors make no express warranties or guarantees about the Game. Pumpkin is not obligated to supply any support whatsoever. We do not guarantee that the Game will meet your requirements or be error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of the Game will be effective, reliable, accurate, or will meet your requirements. We do not guarantee that you will be able to access to use the Game at times or locations of your choosing. No oral or written information or advice given by a representative of Pumpkin shall create a warranty. We may discourage or change any service or feature of the Game at any time and without notice.
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Game. PUMPKIN, ITS AFFILIATES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO AND USE OF THE GAME AND YOUR RIGHTS UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUMPKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of liability in jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages shall be limited to the extent permitted by law.
We make no representation that the Game is appropriate or available for use in your jurisdiction. You access the Game on your own initiative and are responsible for compliance with local laws.
Indemnification: You agree to defend, indemnify, and hold Pumpkin and other affiliated companies, as well as any respective employees, contractors, officers, directors, and agents harmless from all liabilities, claims, and expenses, including reasonable attorneys’ fees that arise from your use or misuse of the Game. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Miscellaneous: This contract and any supplemental terms, policies, rules, and guidelines constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You agree that we may electronically provide to you required notices, agreements, and other information concerning the Game. If you no longer agree to receive notices electronically, please cease using the Game and/or expunge the Game from your computer or device.
We may change these Terms and will provide notice thereof on our website. The most recent version of these terms shall at all times be accessible via the website. You are responsible for checking these Terms periodically for changes. If you continue to use the Game after the changes to these Terms have come into force, you are signifying your acceptance of the new terms.
These Terms and conditions are governed by the laws of Taiwan. Any claims or disputes that may arise in connection with these terms and conditions or the use of the Game will be submitted to a court of competent jurisdiction in Taiwan.
Pumpkin shall not be deemed in default hereunder for any cessation, interruption, or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, war, or the inability to obtain sufficient supplies, transportation, or any other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment, or decree.
You acknowledge that the rights granted and the obligations made under these Terms to Pumpkin are of a unique and irreplaceable nature, the loss of which shall irreparably harm Pumpkin and which cannot be replaced by monetary damages alone so that Pumpkin shall be entitled to injunctive or other relief in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any of Pumpkin’s games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Game or any content or material displayed through the Game and agree to limit your claims for monetary damages.
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