SWEET ESCAPE VR EULA

Last updated: June 20, 2018

This Sweet Escape VR EULA (the “Terms”) govern the relationship between Reality Smash, Inc.  (hereinafter, “Reality Smash,” “us,” or “we”) and you regarding your use of the Sweet Escape VR game, including all updates and upgrades to such game and documentation for the game provided by Reality Smash to you (collectively, the “Game”).

Use of the Game is also governed by Reality Smash’s Privacy Policy, the current version of which can be found at www.sweetescapevr.com/privacy (the “Privacy Policy”), which is incorporated herein by reference.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE GAME.  BY DOWNLOADING OR USING THE GAME, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE GAME.

1. Right, License and Restrictions.

1.1. License Grant For Game. Subject to your agreement to, and continuing compliance with, these Terms and any other relevant Reality Smash policies, Reality Smash grants you a non-exclusive, non-transferable, revocable limited right and license to install, access and use one copy of the Game solely for your personal, non-commercial use. As used in these Terms, a “User” means someone who has been granted the right to use the Game. 

1.2. License Restrictions. You are prohibited from and agree not to reverse engineer, de-compile, modify, create derivative works of, reproduce, publicly display, distribute, sell, lease, rent, loan, sub-license or transfer any of the Game.  You agree not to grant any security interest in any of the Game. 

1.3. Minimum Age Requirement. An individual must be at least 13 years of age to use the Game.

1.4. Account Access and Gaming Platform; Responsibilities. You acknowledge that in order to use the Game, you must create an account (“Account”) with the “Steam” digital game distribution platform (“Steam Platform”).  Currently, the “Steam” platform is the only digital game distribution platform that the Game is designed to work on.  Steam Platform may have its own terms that you must agree to be bound by when setting up an Account and/or using the Steam Platform.  Reality Smash makes no representations or warranties regarding Steam Platform and grants no rights in or to use Steam Platform and all such rights must be obtained separately from the licensor of rights to use Steam Platform.   You are wholly responsible for the cost of all internet connection fees, along with all equipment, servicing, or repair costs necessary to use the Game.

1.5. Use of the Game: The following restrictions apply to the use of the Account and Game:

1.6. General Limitations and Prohibitions.

1.7. Suspension and Termination of Account, Plan and Game:

1.8. Intellectual Property Ownership in the Game. The Game, and all of its components and contents, (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) are owned by Reality Smash or its licensors, and all such material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws. All rights granted to you to use the Game are by license only and no ownership rights in any of the Game are transferred or assigned under these Terms.

2. Posted Content.

2.1. Posted Content: “Posted Content” means any communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Game, including without limitation any comments you may make about content uploaded or transmitted by Other Users. We may provide you with templates, pre-populated communications, or other content through the Game (“Template Content”) that you may distribute, use or modify as part of using our Game to communicate with Other Users in a manner consistent with the intended use of the Game. You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under this Agreement. By transmitting or submitting any Posted Content while using the Game, you affirm, represent and warrant that such transmission or submission: (a) is accurate and not confidential; (b) is not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content; (c) will not, when Reality Smash exercises rights in Posted Content granted under Terms, result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and (d) is free of viruses, adware, spyware, worms or other malicious code. You further represent and warrant that you have all rights necessary to transmit Posted Content to Reality Smash and to grant the rights in Posted Content granted to Reality Smash under these Terms.

2.2. Licenses to Posted Content: You hereby grant Reality Smash a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof. Reality Smash will only exercise the rights granted in this Section 2.2 to offer or to facilitate the offering of Games. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content. Reality Smash will cease any further public display or distribution of any Posted Content if you use the features of the Game that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except Reality Smash retains the right to display or distribute any Posted Content as necessary for Reality Smash to fulfill its legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.

2.3. Game Play Screening.

2.4. User Interactions and Legal Problems; Releases. You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and one or more Other Users. If you are a California resident, you acknowledge that you are aware of, and hereby waive your rights under the provisions of California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

3. Payment Terms For Games.

YOU AGREE TO PAY ALL AMOUNTS OWED FOR OBTAINING THE RIGHT TO OBTAIN RIGHTS TO USE THE GAME.  YOU ACKNOWLEDGE THAT REALITY SMASH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

4. Third Party Advertising.

4.1. Third Party Advertisements. You understand that the Game may feature advertisements from Reality Smash or third parties. The Privacy Policy addresses our disclosure of information for third party advertising.

4.2. Links to Third Party Sites and Dealings with Advertisers. Reality Smash may provide links on the Game to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Reality Smash makes no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Game, and we will not be liable for any claim relating to any third party content, goods, or services. The linked sites are not under the control of Reality Smash and may collect data or solicit personal information from you. Reality Smash is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Reality Smash of these linked sites.

5. Copyright Notices; Complaints. It is Reality Smash’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Reality Smash’s “Copyright Page” at sweetescapevr.com to review our DMCA procedures. Reality Smash reserves the right to terminate without notice any user’s access to the Game if that user is determined by Reality Smash to be a “repeat infringer.” In addition, Reality Smash accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

6. Updates to the Game. You understand that the Game undergoes frequent changes. Reality Smash may require that you accept or only use updates to the Game in order to continue using the Game. You agree to only use updated versions of the Game specified by Reality Smash if requested by Reality Smash.  You acknowledge and agree that Reality Smash may update the Game without notifying you and you consent to Reality Smash automatically installing updates of the Game for your use.

7. Disclaimer; Limitations; Waivers on Liability; Indemnification.

7.1. Disclaimer of Warranties.

7.2. Limitations; Waivers of Liability.

7.3. Indemnification. You agree to defend, indemnify, save, and hold the Reality Smash Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Game, any violation by you of these Terms, or any breach of the representations, warranties and covenants made by you herein. Reality Smash reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Reality Smash and you agree to cooperate with Reality Smash’s defense of these claims. Reality Smash will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section 7.3 will survive any termination of Terms, your Account or of the Game.

8. Dispute Resolution.

8.1. General. If a dispute arises between you and Reality Smash, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Reality Smash agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Other than those matters listed in Section 2, you and Reality Smash agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 8, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

8.2. Exclusions from Arbitration. YOU AND REALITY SMASH AGREE THAT ANY CLAIM FILED BY YOU OR BY REALITY SMASH IN SMALL CLAIMS COURT OR BY REALITY SMASH RELATED TO PROTECTION OF REALITY SMASH’S OR ANY REALITY SMASH LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 8.

8.3. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY REALITY SMASH IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO REALITY SMASH TERMS ADMINISTRATOR, REALITY SMASH, INC., 15550 ROCKFIELD BLVD., STE D, IRVINE, CA 92618 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH REALITY SMASH THROUGH ARBITRATION.

8.4. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND REALITY SMASH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

8.5. Initiation of Arbitration Proceeding; Selection of Arbitrator. If you or Reality Smash elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 8 will govern in the event they conflict with the arbitration rules identified below.

8.6. Arbitration Procedures. Because the software and/or service provided to you by Reality Smash concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, Reality Smash as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Reality Smash or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement

8.7. Location of Arbitration. You or Reality Smash may initiate arbitration in either Orange County, California or the county in which you reside. If you initiate arbitration in the county of your residence, Reality Smash may transfer the arbitration to Orange County, California provided that Reality Smash agrees to pay any additional fees or costs you incur as a result of the change in location, as determined by the arbitrator.

8.8. Severability. If any clause within this Section 8 (other than the Class Action Waiver clause of Section 4) is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full force and effect. If the Class Action Waiver (Section 8.4) clause is found to be illegal or unenforceable, this entire Section 8, except for this Section 8.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND REALITY SMASH EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.

8.9. Survival. This Section 8 shall survive any termination of the Terms.

9. General Provisions.

9.1. Updates to the Terms and Privacy Policy.

9.2. Severability. If any provision of these Terms or the Privacy Policy is found invalid, illegal, or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.

9.3. Assignment. Reality Smash may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without the prior written consent of Reality Smash; any purported assignment or delegation in violation of this Section 3 is void.

9.4. Supplemental Policies. Reality Smash may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your use, if any, of such services is subject to such specific policies and these Terms.

9.5. Entire Agreement. These Terms, together with any supplemental policies, the Privacy Policy, and any other documents expressly incorporated by reference herein, contain the entire agreement between Reality Smash and you with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.

9.6. No Waiver. The failure of Reality Smash to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Reality Smash’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Reality Smash of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by Reality Smash shall be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Reality Smash.

9.7. Notices. We may notify you via postings on sweetescapevr.com, communications to you through the Steam Platform and/or via email or any other communications means through contact information you provide to us or are provided to us. All notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to the address in this Section 9.7. Any notices that you provide without compliance with this Section 9.7 shall have no legal effect.

Reality Smash, Inc.
555 Anton Blvd., Ste 150 
Costa Mesa, CA 92626
Attn: Dylan Watkins, CEO

9.8. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Reality Smash are of a unique and irreplaceable nature, the loss of which shall irreparably harm Reality Smash and which cannot be replaced by monetary damages alone, so that Reality Smash shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) 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 Game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Game or any content or other material used or displayed through the Game and agree to limit your claims to claims for monetary damages, limited by Section 2.

9.9. Force Majeure. Reality Smash shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Reality Smash, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Reality Smash’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.

9.10. Governing Law. The Terms and Privacy Policy shall be governed by the laws of the State of California notwithstanding its conflict of laws provisions.