TERMS OF SERVICE AND PRIVACY POLICY

 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT. BY ACQUIRING OUR SOFTWARE, USING ANY ONLINE OR MOBILE PRODUCTS AND SERVICES, YOU AGREE TO OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE OUR SOFTWARE, OUR SITES OR ANY SERVICES PROVIDED BY THEM IN CONNECTION TO THE SOFTWARE.

 

These Terms of Service (“Terms”) govern and apply to your use of our virtual reality games and applications and any other services provided by us (our “Services”) including, not limited to, the immersive narrative experience “The Key” and any other title, sequel or prequel produced before or thereafter concerning any franchise owned or licensed by us(the “Software”). If you comply with these Terms, you have the right to use our Services for your own personal noncommercial use. This license is for the sole purpose of enabling you to use and enjoy our Services and Software, under these Terms. LUCID DREAMS PRODUCTIONS LLC, owner of all the copyrights regarding the Software, in its sole discretion, may modify these Terms at any time. You are responsible for reading these Terms each time you use our Sites. By using the Software, you agree to be bound by all Terms hereunder. When you download our Software from any app store or distribution platform you acknowledge and agree that you must also comply with all applicable third-party terms of service and privacy policies when using our Software or Services.

 

Acceptance of Terms of Service. 

 

LUCID DREAMS PRODUCTIONS LLC (also known as

“LUCID DREAMS PRODUCTIONS”,

“We” or

“Us”) owns, operates and maintains the Software’s

website, including, without limitation, all sub-pages, mobile application,

game, and widgets (the “Sites”). In addition, if you use or purchase any

other product or service through the Sites, you also will be subject to

any terms and conditions applicable to that product and service. If you do

not agree with these Terms, you immediately should stop using our Services.

We reserve the right, at any time and from time to time, to modify or

discontinue the Service or terminate your access to the Service with or

without notice, charge fees in connection with the use of the Service,

modify or waive any fees charged in connection with the Service, and offer

opportunities to some or all users of the Service. You agree that we will

not be liable to you for any modification or discontinuation of the Service

or termination of your access to the Service, in whole or in part, or of

any product or Service, content or feature offered through the Service.

Your continued use of the Service after such changes will indicate your

acceptance of the changes.

Considering the contractual nature of this Terms, the Service herein is

available only to people who are of legal age and, in no event, may the

Service be used by a person under the age of 13 without consent from the

respective parents or legal guardian. The Service is owned, operated and

maintained by LUCID DREAMS PRODUCTIONS and LUCID DREAMS PRODUCTIONS does not represent or warrant that the

Service is appropriate or available for use in any particular jurisdiction.

Once you agree to this Terms you choose to access, view or use the Service

on your own initiative and at your own risk, and you are responsible for

complying with all local laws, rules and regulations.

Solely as a convenience to users, LUCID DREAMS PRODUCTIONS may provide links on the Services

to other websites owned by third parties. Unless otherwise expressly

stated, LUCID DREAMS PRODUCTIONS does not endorse or control these third-party websites and

assumes no responsibility for them or the content contained therein.

 

Software License.

 

The Website, Software, the Services and the information

and content available therein

(collectively, our

“Properties”) are

protected by copyright laws throughout the world. Subject to your

agreement, and continuing compliance with these Terms, and any other

relevant policies, LUCID DREAMS PRODUCTIONS grants you a personal, non-exclusive, non-

transferable, non-sublicensable, revocable limited license subject to the

limitations below to download, install and use a copy of the Software on

a single device that you own or control and to run such copy of the Software

solely for your own individual, non-commercial, entertainment purposes

only. You agree not to use the Service for any other purpose. You may not

sell, copy, exchange, transfer, assign or otherwise distribute anything

you copy, create, buy or derive from the Software, unless you are expressly

permitted by LUCID DREAMS PRODUCTIONS. The limited license as provided herein does not grant

any rights to display or provide the Software in public for commercial and

non-commercial uses, including but not limited to, public spaces, arcades

or public exhibitions without the formal and express consent of LUCID DREAMS PRODUCTIONS.

 

Intellectual Property.

 

You agree that LUCID DREAMS PRODUCTIONS and its suppliers own all

rights, title and interest in our Properties (including but not limited

to, any games and applications, titles, computer code, themes, objects,

characters, character names, stories, dialogue, concepts, artwork,

animations, sounds, musical compositions, audiovisual effects, methods of

operation, moral rights, documentation, in-game chat transcripts,

character profile information). You will not remove, alter or obscure any

copyright, trademark, service mark or other proprietary rights notices

incorporated in or accompanying the Software. LUCID DREAMS PRODUCTIONS and THE KEY name,

stylized title, and other related graphics, logos, service marks and trade

names used on or in connection with our Properties or in connection with

the Software are the trademarks of LUCID DREAMS PRODUCTIONS and may not be used without

permission in connection with any third-party products or services. Other

trademarks, service marks and trade names that may appear on or in our

Properties are the property of their respective owners.

This provision shall apply to recordings of games and applications, screen

recordings, live performance, including but not limited to any kind of

live streaming or recorded streaming platforms existent or that shall be

invented. Any use of the Software not provided by the Fair Use doctrine

that violates or in any matter cause any harm to our Properties shall

subject the infringing party to any remedies provided by law, including

indemnifications and take down orders for the violating content.

 

Necessary Equipment.

 

The Software require certain equipment to be executed.

You acknowledge that you shall be responsible for any charges, e.g.:

internet access. Certain hardware may also be required to access certain

features and functionality of the Software. You are solely responsible for

obtaining all hardware necessary to use the Software.

 

Ownership.

 

Our Software is protected by copyright, trademark, and other

laws of the U.S.A. Except as expressly provided in these Terms,

we (or our licensors) exclusively own all Intellectual Property rights to

the Software, including title, drawings, dialogues, trademarks, characters

all and any components of the Software. You may not remove, alter or

obscure any copyright, trademark, service mark or other proprietary rights

notices incorporated in or accompanying the Software. If you provide any

suggestions, ideas, feedback, or recommendations to us regarding our

Software, you give us a worldwide, perpetual, irrevocable, fully-paid and

royalty-free license to use and exploit that feedback for any purpose and

without any obligation to you.

 

Liability and Third-Party Devices.

 

We do not hold any responsibility for

any errors or omissions in any data or information contained on the Service,

including, without limitation, any data or information provided by you or

that is contributed by third parties, such as independent game and

application developers or other users. while we attempt to make your access

and use of the Service safe, we do not represent or warrant that the

Service or its servers or any data or information are free of viruses or

other damaging components.

You may notice that our Software is designed to provide additional

functionality

with

certain

third-party

virtual

reality

devices

(“Devices”), therefore you should carefully review the terms and conditions

and all setup and operating instructions for such Devices. Considering

the above, we’re not responsible or liable in any way for any personal

injury, property damage, or any other issue you may have resulting from

your use of a Device.

 

Privacy Policy.

 

We will only collect information we need to fulfill your

requests and our legitimate business objectives. We will never share your

personal information with third parties that are not bound by our Privacy

Policy unless you tell us otherwise, and we will never send you marketing

communications without your consent.

BY USING OUR SOFTWARE, YOU AGREE TO OUR ONLINE PRIVACY POLICY AND PROCESSING

OF YOUR DATA IN ACCORDANCE WITH SUCH POLICY. IF YOU DO NOT AGREE TO THIS

PRIVACY POLICY, PLEASE DO NOT USE THE SOFTWARE OR USE ANY SERVICES PROVIDED

BY US.

We reserve the right to modify this Privacy Policy at any time, so please

review it frequently. You should consult our Sites regularly to acknowledge

such revisions. Revisions to terms affecting existing Services shall be

effective immediately after disclosure in our Sites.

Regarding the information you give us directly and we collect when you use

our Software:

 

(a) User-provided Information. Especially when you register for an

account, make any purchase or interact, you may provide personal

information, which includes name, date of birth, email address,

mailing address, telephone number, geographic area, credit card

or other billing information and security questions and answers.

Notice that any information that you voluntarily choose to include

in a publicly accessible area of our Sites, platform or the

Software, will be available to anyone who has access to that

content, including other users in some situations.

So we are clear on the terminology used herein, by the phrase

user-provided information we mean information that allows someone

to identify or contact you, including, for example, your name,

address, e-mail address, phone number, as well as any other non-

public information about you that is associated with or linked to

any of the foregoing information. When we use the phrase anonymous

information in our Privacy Policy, we mean information that is not

associated with or linked to your personal information. Anonymous

Information does not enable identification of or contact with

individual persons.

 

(b)“Cookies” Information. We may send one or more cookies

– small

text files containing a string of alphanumeric characters

– to

your device. We may use both session cookies and persistent

cookies. A session cookie disappears after you close your browser.

A persistent cookie remains after you close your browser and may

be used by your browser on subsequent visits to our Services.

Please note that if you delete, or choose not to accept, cookies

from our Services, you may not be able to utilize the features of

our Services to their fullest potential.

 

(c)“Automatically Collected” Information. We may automatically record

certain information from your device by using various types of

technology, including “clear gifs” or “web beacons”. We may also

collect data from you using the third parties’ APIs. This

“automatically collected” information may include your IP address

or other device address or ID, web browser and/or device type, the

web pages or sites that you visit just before or just after you

use our Services, the pages or other content you view or otherwise

interact with on our Services, the dates and times that you visit,

access, or use our Services, and other information regarding your

performance in and use of our Services. We also may use these

technologies to collect information regarding your interaction

with messages, such as whether you opened, clicked on, or forwarded

a message. This information is gathered from all users. We may

also use third party tracking data analytics services; for example,

to help us analyze how users use our Services. These services

collect information, such as how and often and what features of

our Services they use. We use and may share this information with

our service providers to provide and improve our Services to

potentially create new services.

 

(d)Game and Application Analytics Information. We collect anonymous

analytics when you use the Software. All information collected

in such manner shall be anonymized to protect your privacy. We

shall use this anonymous information for internal use only, to

provide a better user experience, enhance the overall quality of

the Software or any other use exclusively for the purposes provided

herein. The anonymous information collected in this manner shall

include but is not limited to, information about the virtual

reality headset, interactions with the Software, biofeedback and

biometrics information, geographic locations, date and time

stamps, Internet Protocol information, cookies, which may uniquely

identify your browser or device to us.

 

(e)Third Party Web Beacons and Third-Party Buttons. We may also

implement third-party content or advertising on the Software that

may use clear gifs or other forms of web beacons, which allow the

third-party content provider to read and write cookies to your

browser in connection with your viewing of the third-party content

in the Software. Additionally, we may implement third party buttons

(such as Facebook “like” or “share” buttons) that may allow third

parties to collect information about you through such third

parties’ browser cookies, even when you do not interact with the

button. Information collected through web beacons and buttons is

collected directly by these third parties and, consequently, is

subject to that third party’s own data collection, use, and

disclosure policies.

 

(f)Integrated Services. You may in the future be given the option to

access or register for our Services through the use of your user

name and passwords for certain services provided by third parties

(each, an “Integrated Service”), such as through the use of your

Facebook credentials through Facebook Connect, or otherwise have

the option to authorize an Integrated Service to provide personal

information or other information to us. By authorizing us to

connect with an Integrated Service, you authorize us to access and

store your name, email address(es), date of birth, gender, current

city, profile picture URL, and other information that the

Integrated Service makes available to us, and to use and disclose

it in accordance with our Privacy Policy. You should check your

privacy settings on each Integrated Service to understand and

change the information sent to us through each Integrated Service.

Please review each Integrated Service’s terms of service and

privacy policies carefully before using their services and

connecting to our Software.

 

(g)Children’s Privacy. We do not knowingly collect any personal

information from children under the age of 13, allow them to create

accounts, sign up for newsletters, make purchases, interact on the

chat or browse in our Services. LUCID DREAMS PRODUCTIONS takes children’s privacy

seriously and encourages parents to play an active role in their

children’s online experience at all times. We urge parents to

instruct their children never to give out personal information

without parental consent.

 

(h)How we use the information we collect. We use the information we

collect to enhance our Software, providing excellence and in a way

that suits you, whether you are just using or by purchasing it.

The collected information can be also used to respond to your

requests and provide customer service, provide updates on the

Software and other news, promotions and events offered by LUCID DREAMS PRODUCTIONS

and by third parties we work with, ask for your feedback and

opinions on our Services, and provide personalized services. Also,

we may use your personal information, such as your email address,

to contact you for administrative purposes, including customer

service, to address privacy violations or defamation issues,

eventual intellectual property infringement and as may otherwise

be described at the time that we collect such information from

you.

We use both your personal information and certain non-personal

site usage data to enhance the quality and design of our Services

and to create new features, promotions, relevant ads and services

by storing, tracking, and analyzing user preferences and trends.

We may also combine the information you submit to us with

information we have collected from you in other forms, such as

through emails or offline, or with publicly available information

or information we obtain from third parties, such as our partners,

advertisers, and Integrated Services. If we combine or associate

information from other sources with personal information that we

collect herein, we will treat the combined information as personal

information in accordance with this Privacy Policy.

LUCID DREAMS PRODUCTIONS also works with third party service providers to provide

website, game or application development, hosting, maintenance,

enhance, and other services for us. Notice that these third

parties, directly to the operators of such services and subject

to those operators’ policies, if any, governing privacy and

security, may have access to or process your information as part

of providing those services for us, limited to what is considerable

reasonably necessary for them to perform their functions and in

respect of the confidentiality of such information. Therefore,

some of our Services may contain features or links to websites and

services provided by these third parties, which we do not claim

any responsibility for its content or privacy and security

practices and policies. Notwithstanding, we encourage you to learn

about third parties’ privacy and security policies before

providing them with information.

When you provide us with personal information by entering in your

username, email addresses, or other personal information into our

Services you consent to our collecting, using, and sharing it in

accordance with this Privacy Policy. LUCID DREAMS PRODUCTIONS allows you to control

the way we use personal information we might obtain from you. At

the time you provide it, we may give you the option to decline any

future offers or information about new products, promotions,

newsletter, services or mailings in general.

We may disclose your information if required to do so by law or

in the good-faith belief that such action is necessary to comply

with state and federal laws, from any country that the Software

is used, in response to a court order, judicial or other government

subpoena or warrant, to cooperate with law enforcement or other

governmental agencies, to take precautions against liability, to

protect ourselves or others from fraudulent, abusive, or unlawful

uses or activity, to investigate and defend ourselves against any

third-party claims or allegations, to protect the security or

integrity of the Software and any facilities or equipment used to

make it available, or to protect our Properties or other legal

rights

(including, but not limited to, enforcement of our

agreements), or the rights, property, or safety of others.

Information about our users, including personal information, may

be disclosed and otherwise transferred to an acquirer, or successor

or assignee as part of any merger, acquisition, debt financing,

sale of assets, or similar transaction, as well as in the event

of an insolvency, bankruptcy, or receivership in which information

is transferred to one or more third parties as one of our business

assets. We also may disclose your information as may be described

in a notice to you at the time the information is collected, or

in any other manner to which you consent.

 

(i)Data Security. In order to improve the integrity and security of

your personally identifiable information we use certain physical,

administrative, and technical safeguards. Nevertheless, we cannot

guarantee or warrant that such information you provide to us, and

you do so at your own risk, may not be accessed, disclosed,

altered, or destroyed by breach of any of our physical, technical,

or managerial safeguards. We may post a notice through our Sites

if we acknowledge any security breach and may attempt to notify

you electronically so that you can take appropriate protective

steps.

 

(j)International Visitors. Even though our Services are hosted in the

United States, it is planned and intended for global

territory so, in case you choose to use the Software from other

regions or countries with laws governing data collection and use

that may differ from those whom this policy has been written, then

please note that you are transferring your personal information

outside of those regions for storage and processing. Likewise, by

providing any information, including personal information, you

consent that we may transfer your data to other countries or

regions in connection with storage and processing of data,

fulfilling your requests, and using the Software.

 

Unauthorized Activities. 

 

You are not allowed to do any of the following

while using or accessing the Software:

• copy, edit, modify, distribute, sell, or lease any part of the

Software

(including any content in the Software), nor may you

decompile, disassemble, reverse engineer or attempt to extract the

source code of the Software;

• make any Software (including any content in the Software) available

on any internet site, network or file-sharing service;

• use the Software for any commercial purpose or for the benefit of

any third party or in any manner not by these Terms;

• develop or allow any malware, adware, spyware, Trojan Horses,

cancelbots, other automated bots, auto players, cheat utilities,

spoofers, keyloggers, or other circumvention devices to be present

on any machine used to access the Services; and/or to attempt to

upload/utilize such devices against the Services;

• use vulgar, obscene, pornographic language or other behavior while

in the forums, chat rooms, or other public areas that will disrupt

the user experience in those areas of the site;

• violate any applicable law or regulation; or
• encourage or enable someone to do any of the foregoing.

We reserve the right to investigate and prosecute violations of any of the

above, as well as to claim any losses and damages and involve and cooperate

with law enforcement authorities in prosecuting anyone who violates these

Terms.

 

Termination.

 

You agree that if you breach any of the terms of these Terms,

your license to use of the Software will terminate automatically. We

reserve the right, in our sole discretion, to terminate or suspend the use

of the Software if we believe or have been notified by a third party of

its belief that, you may be infringing the rights of others, violating the

copyrights or trademarks of others or engaging in any inappropriate

behavior. We also reserve the right, in our sole discretion, to terminate

your access to all or part of the Service or to any product or service

available through the Service for any reason or no reason, with or without

notice. In the event of termination, you shall have limited access to any

online services regarding the Software.

By using the Software, you may view content that is provided by third

parties, which may be objectionable, offensive, or otherwise inappropriate.

We are not responsible for such content, nor will we be liable in any way

for any content made available via the Software.

You understand and agree that the Software is provided to you AS IS and on

an AS AVAILABLE basis.

Without limiting the foregoing, WE EXPLICITLY

DISCLAIM ANY WARRANTIES

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING

OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the

Software will meet your requirements or be available on an uninterrupted,

secure, or error-free basis.

 

Health and Safety Warnings.

In the event you use a virtual reality headset

in connection with the Software, please read the warnings in the below

carefully before using the headset or the Software to reduce the risk of

personal injury, discomfort or property damage. By using the Software, you

represent and warrant that you have read and understand these warnings and

instructions. We may update or revise these warnings and instructions, so

please review them periodically.

 

(a)Before Using the headset. Review the hardware and software

recommendations for use of the headset. Your Headset and the

Software are not designed for use with any unauthorized device,

accessory and/or software. Use of an unauthorized device,

accessory and/or software may result in injury to you or others,

may cause performance issues or damage to your system and related

services. Before using the headset, please read and follow all

setup and operating instructions provided by the manufacturer of

the headset. People who are prone to motion sickness in the real

world may have a heightened risk of experiencing discomfort while

using a headset in connection with the application. Such

individuals should take extra care to read and following these

warnings carefully. LUCID DREAMS PRODUCTIONS recommends seeing a doctor before using

the headset in connection with the Software if you are pregnant,

elderly, have pre-existing binocular vision abnormalities or

psychiatric disorders, or suffer from a heart condition or other

serious medical condition.

 

(b)General Instructions and Precautions. USE ONLY IN A SAFE

ENVIRONMENT. The use of headsets distracts you from and completely

blocks your view of your actual surroundings. Always be aware of

your surroundings when using a headset and remain seated at all

times. Take special care to ensure that you are not near other

people, objects, stairs, balconies, windows, furniture, or other

items that you can bump into or knock down when using

– or

immediately after using

– a headset. Do not handle sharp or

otherwise dangerous objects while using a headset. Take at least

a 10 to 15-minute break every 30 minutes, even if you do not think

you need it. Each person is different, so take more frequent and

longer breaks if you feel discomfort. Listening to sound at high

volumes can cause irreparable damage to your hearing. Background

noise, as well as continued exposure to high volume levels, can

make sounds seem quieter than they actually are. Due to the

immersive nature of the virtual reality experience in the Software,

do not use a headset with the sound at high volume so that you can

maintain awareness of your surroundings and reduce the risk of

hearing damage.

 

(c)Seizures. Some people may have severe dizziness, seizures,

epileptic seizures or blackouts triggered by light flashes or

patterns, and this may occur while they are watching TV, playing

video games or using any virtual reality applications, even if

they have never had a seizure or blackout before or have no history

of seizures or epilepsy. Such seizures are more common in children

and young people under the age of 20. Anyone who has had a seizure,

loss of awareness, or other symptom linked to an epileptic

condition should see a doctor before using a headset in connection

with the Software.

 

(d)Discomfort. Immediately discontinue use of your headset when using

the Software if anyone using the headset experiences any of the

following symptoms: seizures; loss of awareness; eye strain; eye

or muscle twitching; involuntary movements; altered, blurred or

double

vision

or

other

visual

abnormalities;

dizziness;

disorientation; impaired balance; impaired hand-eye coordination;

excessive sweating; increased salivation; nausea; lightheadedness;

discomfort or pain in the head or eyes; fatigue; or any symptoms

similar to motion sickness. Using virtual reality games and

applications can make your muscles, joints or skin hurt. If any

part of your body becomes tired or sore while using it, or if you

feel symptoms such as tingling, numbness, burning or stiffness,

stop and rest for several hours before using it again. If you

continue to have any of the above symptoms or other discomfort

during or after use, stop and see a doctor.

 

(e)Children. The headset should not be used by children under the age

of 13. Adults should make sure children (age 13 and older) use the

headset in accordance with these health and safety warnings

including making sure the headset is used as described in the

Before Using the headset section and the General Instructions and

Precautions section. Adults should monitor children (age 13 and

older) who are using or have used the headset for any of the

symptoms described in these health and safety warnings (including

those described under the Discomfort section), and should limit

the time children spend using the headset and ensure they take

breaks during use.

 

Indemnification.

 

You agree to indemnify, defend and hold harmless LUCID DREAMS PRODUCTIONS

and its affiliates and their respective owners, directors, officers,

managers, employees, agents, contractors, advertisers and partners from

any claim or demand, including, without limitation, reasonable attorney

fees, that may be asserted or filed by any third party, arising out of or

relating to your use of the Software or any product or service available

through the Software, your submission or provision of user content to the

Software, your violation of these Terms or any other violation by you of

the rights of another person or party.

 

General. 

 

These Terms constitute the entire agreement between us with

respect to the subject matter and supersedes and merges any prior

proposals, understandings and contemporaneous communications. These Terms

will be governed by and construed in accordance with the laws of the United

States, without regard to or application of conflicts of law rules or

principles. By using our Software, you consent to personal jurisdiction

and venue in the state courts of California for any lawsuit arising from

or relating to these Terms or the Software.

You may not assign your rights or delegate your obligations under these

Terms without our prior written consent. You acknowledge and agree that no

partnership is formed between you and LUCID DREAMS PRODUCTIONS by virtue of these Terms, and

neither party has the power or the authority to obligate or bind the other.

The waiver by us of a breach of any provision of these Terms will not be

taken or held to be a waiver of the provision itself. If any provision of

these Terms is held by a court of competent jurisdiction to be contrary to

law, such provision will be changed and interpreted so as to best accomplish

the objectives of the original provision to the fullest extent allowed by

law, and the remaining provisions of these Terms will remain in full force

and effect. You hereby agree that LUCID DREAMS PRODUCTIONS would be irreparably damaged if

the terms of this Agreement were not specifically enforced, and therefore

you agree that we are entitled, without bond, other security, or proof of

damages, to appropriate equitable remedies with respect to breaches of

this agreement, in addition to such other remedies as we may otherwise

have available to us under applicable laws.

 

You agree that we may provide you with notices, newsletters, including

notices regarding changes to these Terms, by email, regular mail or

postings on the Service. Any communication or notice that you provide to

us will be provided by email at contact@luciddreamsprod.com

 

These Terms constitute a legally binding agreement between you and LUCID DREAMS PRODUCTIONS, and these Terms are accepted by you upon your use of the Software.

 

Please contact us if you have any questions about these Terms.