Terms of Service
Last Updated: December 7, 2017
Blueprint Reality Inc., a corporation registered in British Columbia, Canada (“Blueprint Reality”,“we,” or “us”), is the proud creator of both the virtual reality game, Awaken (“Awaken” or the “Game”) and the MixCast broadcasting tool (“MixCast”).
These Terms of Service (the “Terms”) govern your use of Blueprint Reality’s websites https://awaken-game.com, https://blueprintreality.com, https://blueprinttools.com or any other domains that we may acquire and use from time to time (the “Sites”), as well as when you play any of our Games or use any of our Tools or use any related services including, but not limited to, informal product support or Blueprint Reality’s puzzle file sharing service (collectively, the “Services”) unless another, specific set of terms applies.
If you are accessing or using the Games, Tools or Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Otherwise, “you” and “your” will refer to you, individually.
IF YOU DON’T AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE GAMES, TOOLS OR SERVICES.
WHO MAY USE THE GAMES, TOOLS AND/OR SERVICES
The Games, Tools and Services are meant for individuals aged 13 years or older. Those that are at least 13 years old but younger than 18 years old, should not use the Games, Tools or Services without first reviewing these Terms with a parent or guardian and ensuring that they and their adult/guardian agree with the Terms.
INFORMATION COLLECTION AND USE
CODE OF CONDUCT
By accepting these Terms, you agree not to do any of the following:
– Post, upload, publish, submit or transmit any content that:
(i) is illegal;
(ii) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy;
(iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iv) is fraudulent, false, misleading or deceptive;
(v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive;
(vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(viii) promotes illegal or harmful activities or substances.
– Use the Games, Tools and Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
– Use, display, mirror or frame the Services or any individual element within the Services, Blueprint Reality’s name, any Blueprint Reality trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Blueprint Reality’s express written consent;
– Access, tamper with, or use non-public areas of the Services, Blueprint Reality’s computer systems, or the technical delivery systems of Blueprint Reality’s providers;
– Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Blueprint Reality or any of Blueprint Reality’s providers or any other third party (including another user) to protect the Services or Content;
– Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Blueprint Reality or other generally available third-party web browsers;
– Use any meta tags or other hidden text or metadata utilizing a Blueprint Reality trademark, logo URL or product name without Blueprint Reality’s express written consent;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
– Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
– Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
– Impersonate or misrepresent your affiliation with any person or entity;
– Violate any applicable law or regulation; or
– Encourage or enable any other individual to do any of the foregoing.
Blueprint Reality reserves the right to monitor access to or use of the Games, Tools, Services, or Content or to review or edit any Content; we have the right to do so for the purpose of operating and updating the Games, Tools and/or Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Games, Tools and/or Services including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
HEALTH WARNINGS – TO BE READ PRIOR TO PLAYING THE GAME
We at Blueprint Reality endeavor to create beautiful and immersive virtual reality games which provide a tangible and fantastical journey to another world. For some that experience can be overwhelming. While virtual reality technology continues to improve all the time, there are some ongoing health and safety concerns related to gameplay which may result in injury, and in some rare, extreme cases, death. You are encouraged to carefully review all health and safety warnings from your respective virtual reality headset manufacturers before use.
Blueprint Reality is not liable for any damage to property, injury, or death that may occur as the result of your failure to review and adhere to these health and safety warnings or as a result of the interactions between you or people and/or objects in or around the play area during your use of the Games.
Epileptic Seizures. Certain people are more 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. Seizure may occur while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Games. Symptoms that sometimes precede seizures include: convulsions; eye or muscle twitching; loss of consciousness or awareness; altered vision; involuntary movements; and disorientation. In the event of any of the above-mentioned symptoms during game play, please cease playing and contact a doctor immediately. Blueprint Reality 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 Games. We do recommend that you take regular breaks while playing the Games in order to reduce the risk of a seizure or epileptic symptoms
Motion Sickness. Certain people are also more susceptible to motion sickness when playing active video games, particularly in virtual reality, even if they have never experienced any motion sickness in a car or other mode of transportation. If you feel dizzy or nauseous while playing the Games, stop playing and rest. It is not recommended to drive, operate heavy machinery or engage in other demanding or strenuous activity until the above-mentioned symptoms have subsided. To limit the risk of motion sickness while playing the Games, do not play the Games while under the influence of alcohol or drugs, or if you have health issues which may increase your susceptibility to such symptoms.
Play Area Precautions. As suggested by the manufacturer of your virtual reality headset, always be aware of your surroundings when playing any game, including Awaken. Awaken is a very interactive, immersive game, and you should give yourself plenty of room to play as you will be moving around the play area and using your hands to control gameplay. We recommend a space of at least six-feet-by-six-feet that is clear of any objects or people that could be hit during game play, and that is far from stairs, balconies, windows, walls, furniture or other objects that may pose a danger to you when you are immersed in a game while wearing the virtual reality headset. Though Awaken has an incredible soundtrack that will transport you to the fantastical world, we recommend that you keep the sound volumes low enough to be able to maintain awareness of your surroundings while playing the Game (and to not damage your hearing).
Children. If the Games will be played by children, this information should be read and explained to them by an adult. The above health and safety concerns can be greater in children and as such, an adult should always be present to monitor children (age 13 and older) who are playing the Games for potential symptoms. It is also a good idea to limit the amount of time that a child spends playing the Games and ensure that they take breaks regularly. Prolonged use of the Games should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability and cause eye strain.
Account Requirement for Early Access
GRANT OF LICENSE
Subject to these Terms, Blueprint Reality grants you a limited, nonexclusive, revocable, non-transferable, non-sublicensable, right and license to one copy of the Game for your personal, single simultaneous use for gameplay (i.e.: one copy of the Game can be played on one computer hard drive at any given time, and solely for your personal use). Your license rights are subject to your compliance with these Terms.
You understand that the Game is being licensed to you and therefore no title or ownership in the Game is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Game. At all times, Blueprint Reality retains all right, title, and interest to the Game, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights. All rights not specifically granted under these Terms are reserved by Blueprint Reality and no license, permission or right of access or use not granted expressly herein shall be implied.
THIS PARTICULAR LICENSE FOR THE GAME IS FOR PERSONAL AND NON-COMMERCIAL USE. IF YOU ARE INTERESTED IN PURCHASING THE GAME FOR COMMERCIAL USE, PLEASE CLICK HERE.
TERM AND TERMINATION OF LICENSE
The term of your license will begin on the date that you first install and/or use the Game and will end on the earlier of:
(i) your disposal of the Game; or
(ii) Blueprint Reality’s termination of this Agreement for one of the following reasons:
- Termination of the Game. Blueprint Reality does not guarantee that it will continue to support the Game indefinitely, and may, at its sole discretion, decide to stop providing any, part, or all of the Game and/or Services. Blueprint Reality will endeavor to communicate such termination with reasonable notice either on the Website, on your Account, via email or by any other means that Blueprint Reality deems suitable.
- Blueprint Reality being unable to verify or authenticate any information you provide;
- You or anyone playing the Game under your license, makes any unauthorized use of the Game, or infringes the rights of Blueprint Reality or any third party; or
- Blueprint Reality becomes aware of gameplay that is, in its discretion, inappropriate, offensive, or in violation of the rules of conduct. Blueprint Reality will endeavor, but is not obligated to, provide notice of termination via email, or any other means reasonably calculated to reach you.
If these Terms are terminated, for whatever reason, all rights granted to you under the Terms, including the license to play the Game, will terminate, unless expressly reserved by applicable law. You will discontinue your use of the Game, and will refrain from accessing or playing the Game, and all the acquired attributes within the Game, including, but not limited to progress, will be lost. In no event of termination will Blueprint Reality be liable to pay you a refund of any fees. In the event of a termination, provisions relating to Content Ownership, Intellectual Property Rights, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.
USER CONTENT AND USER CONTENT RIGHTS
“User Content” is all the information, be it text, graphics, images, music, software, audio, video, works of authorship of any kind, that you create, transmit or upload while using the Games, Tools and/or Services, including but not limited to, posting, uploading, inputting, providing, or submitting content, publicly or privately, on community forums or directly to Blueprint Reality. User Content includes any feedback or suggestions you provide to Blueprint Reality.
By creating and providing User Content to the Games, Tools and/or Blueprint Reality, as described above, you acknowledge and agree that you hereby grant Blueprint Reality a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use the User Content. Blueprint Reality will have the right to incorporate any User Content in its intellectual property, Games or other software, Tools, Services, or other products. Blueprint Reality may also copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute any User Content, without the need to compensate or acknowledge the author of said User Content.
Blueprint Reality will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.
You also represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Blueprint Reality on or through the Games, Tools or Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as reviews you post on Steam) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Moreover, the license granted to Blueprint Reality, and terms above regarding any applicable moral rights, even those specifically deleted, will survive any termination of these Terms.
CREATE-MODE GAME SERVICES
Awaken is a physics-based puzzle game in which you solve mind-bending puzzles through tangible object manipulation. Awaken also is proud to offer a creator mode, where you, the user, can create your own puzzle. Your creation can then be shared with other users of the Awaken community. Users are encouraged to create and share as many creations as they can imagine. All user generated levels are considered User Content under these Terms and all rights and responsibilities of these Terms shall apply.
LIMITED LICENSE TO SHARE GAME PLAY
Blueprint Reality is very proud of its Games and wants each user to feel the same pride in their game play. To foster the Awaken community, Blueprint Reality grants each user a limited, revocable, royalty-free license to share their unique play within the Game (“Shared Content”), on such streaming websites as www.youtube.com and www.twitch.com, or on social media networks by posting a GIF or screenshot.
The above, Shared Content limited license is subject to the following conditions:
– A broadcasting User may only broadcast his or her own gameplay;
– Each user assumes all liability for ensuring their Shared Content, including Shared Content that is monetized, fully complies with all applicable laws, terms of service, policies, rules, and guidelines (including those of the third party on which the Shared Content is shared); and
– Blueprint Reality may revoke a user’s limited Shared Content license for any or no reason and without notice.
THE GAMES, TOOLS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. 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 Games, Tools or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
LIMITATION OF LIABILITY
NEITHER BLUEPRINT REALITY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAMES, TOOLS, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION, ACTIONS BY OTHER USERS, OR FROM THE USE OF OR INABILITY TO USE THE GAMES, TOOLS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUEPRINT REALITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL BLUEPRINT REALITY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAMES, TOOLS, SERVICES, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO BLUEPRINT REALITY FOR USE OF THE GAMES, TOOLS, SERVICES, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BLUEPRINT REALITY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUEPRINT REALITY AND YOU AND WILL APPLY TO THE FULLEST EXTENT POSSIBLE BY LAW.
You will indemnify and hold harmless Blueprint Reality and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to, use or misuse of the Games, Tools, Services, or Content, (ii) any activities conducted with your copy of the Games or Tools (whether by you or another person); (iii) your playing of the Games or Tools, or (iv) your violation of these Terms.
In the event of any disagreement or dispute arising out of or relating to these Terms or breach thereof (a “Dispute”) the dispute resolution mechanism is as follows:
– You and Blueprint Reality agree to first attempt to resolve the Dispute informally for a period of at least 30 days commencing on the date you make the Dispute known to Blueprint Reality.
– If the Dispute is not resolved within this period, you and Blueprint Reality agree to submit the Dispute for settlement by final and binding arbitration to be conducted in Vancouver, British Columbia, Canada.
o The arbitration shall be commenced and conducted in accordance with the Commercial Rules of the American Arbitration Association (the “Rules”).
o Your arbitration fees and your share of the arbitrator’s compensation shall be governed by and, where appropriate, limited by the Rules.
o If the law of your jurisdiction prohibits the provisions of the foregoing, the arbitration shall be commenced and conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce.
– You agree that any informal resolution or arbitration of a Dispute shall be limited between you, individually, and Blueprint Reality only. As such, to the fullest extent permitted by applicable law, no arbitration or settlement shall be joint with any other and you have no right or authority to: (a) arbitrate a Dispute on a class action basis or to utilize class action procedures; and to (b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
– Disputes arising out of the following provisions will not be subject to this dispute resolution mechanism and will fall under their respective legal framework:
(i) disputes concerning the enforcement, protection or validity of intellectual property rights ;
(ii) disputes concerning allegations of invasion of privacy, piracy, theft or unauthorized use of the Games, Tools and/or Services; and
(iii) claims for injunctive relief.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS POLICY
Blueprint Reality respects intellectual property rights and expects its users to do the same. It is Blueprint Reality’s policy to terminate in appropriate circumstances Account holders or other users of the Games, Tools and/or Services who repeatedly infringe or are believed to be repeatedly infringing intellectual property rights, including copyright.
If you believe that your copyrighted work is being infringed by material that appears in our Games, Tools, Websites, or Services, please contact Blueprint Reality at firstname.lastname@example.org
CHANGES TO THE TERMS, GAMES, TOOLS AND SERVICES
Blueprint Reality may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms wherever the Games and Tools may be downloaded or through other communications. You should review any modified Terms, as they are modified, because if you continue to use the Games, Tools and/or Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Games, Tools or Services anymore. Because the Games, Tools and Services are evolving over time, we may change or discontinue all or any part of the Games, Tools and/or Services, at any time and without notice, at our sole discretion.
Governing law. These Terms shall be governed and construed under the laws of Canada and the province of British Columbia. You hereby agree that the United Nations Convention on Contracts for the International Sale of Goods is excluded in its entirety from application to these Terms.
Severability. To the extent any section, clause, provision or sentence or part thereof of these Terms is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of these Terms shall be given full force and effect.
No Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Blueprint Reality’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Blueprint Reality may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Waiver. Blueprint Reality’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blueprint Reality. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Blueprint Reality and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Blueprint Reality and you regarding the Services and Content.
If you have any questions about these Terms, the Games, Tools and/or the Services, please contact Blueprint Reality at email@example.com.
(C) 2017 BLUEPRINT REALITY INC.
All rights reserved