EULA

Your continued use of the Game (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 Game 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 “Game” include SMASH THE BEATS and all related software, the accompanying manual(s), related packaging and other written, files, electronic or on-line materials or documentation, any and all copies of the the same, including any updates thereto. By opening the Game, installing, and/or using the gane and any of the related software and materials, you hereby accept the terms of this Agreement with NiVision. (“Licensor”).

Health and Safety Precautions

 

The below should be reviewed before use of the Game. If the Game 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.

 

Children

The Game should not be used by children under the age of 13. Adults should monitor children (age 13 and older) who are using or have used the Game for any of the symptoms described above, and should limit the time children spend using the Game 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 Game 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 Game. 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 Game. Parents and guardians should watch their children while playing the Game.

Immediately stop playing the Game if you or your child has any of the following symptoms:

Involuntary movements

  • Disorientation

  • Loss of awareness

  • Blurred vision

  • Double vision

  • Dizziness

  • Impaired balance

  • Altered vision

  • Eye or muscle twitching

  • Impaired hand-eye coordination

  • Convulsions

  • Excessive sweating

  • Discomfort or pain in the head or eyes

The Licencor 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 Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep. Take at least a 10 to 15 minute break every 30 minutes, even if you don’t think you need it. Each person is different, so take more frequent and longer breaks if you feel discomfort. You should decide what works best.

Motion Sickness

Playing video games, including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, 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 Game, do not use the Game 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 Eyestrain

Playing video games, including the Game, 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 Game;

  • 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 the Game, stop playing and consult a doctor.

 

Play Area Precautions

Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game 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 Game. 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 Game should be removed from the play area prior to your or your family members playing the Game. 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 Game.

As the Game is an immersive virtual reality experience, you may not be able to fully see or hear your surroundings while playing the Game, 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 Game. Before playing the Game, please take a moment to ensure that the play area and surrounding space is safe and free of potential hazards. 

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 Game.

GOVERNING LAW AND DISPUTE RESOLUTION
This agreement, your use of SMASH THE BEATS game and all claims based on, arising from or related to this agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this agreement or rights and obligations regarding any unjust enrichment incurred in relation to this agreement, shall be governed by and enforced in accordance with the law of Poland (excluding conflict-of-law rules), including its statutes of limitations. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of Poland.