SOUNDSCAPE

Terms of Service and Conditions of Use

Last Updated: January 22, 2024

Welcome to Soundscape. Groove Science Studios, Inc., a Delaware corporation doing business in Colorado and d/b/a Soundscape (hereinafter “Soundscape, we, our or us”) is proud to create and provide its users (hereinafter “Users, You, Your”) our highly immersive mixed reality experience in virtual reality (“VR”), PC cross Play (“PC PLAY”) and mobile device (“Mobile Play”). PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING THE GAME, AS THE TERMS GOVERN YOUR USE OF THE GAME, AND YOU ARE ONLY PERMITTED TO USE AND/OR PLAY THE GAME PROVIDED YOU HAVE REVIEWED AND ACCEPTED THE TERMS. For all notices and communication, please contact us at the following:

Groove Science Studios, Inc
2035 Sunset Lake Road
Suite B-2
Newark, DE 19702

info@soundscapeuniverse.com

SOUNDSCAPE’S USERS’ EXPERIENCE AND ENJOYMENT IS OUR PRIMARY GOAL, HOWEVER, YOUR HEALTH & SAFETY WHILE PLAYING IS PARAMOUNT SO PLEASE CONSIDER THE FOLLOWING SAFETY CONCERNS AND REVIEW OUR HEALTH & SAFETY ALERTS BEFORE PLAYING AND ACCEPTING THESE TERMS OF USE.

YOU ACKNOWLEDGE THAT FAILURE TO ABIDE BY AND TAKE SERIOUS CONSIDERATION REGARDING THESE HEALTH AND SAFETY GUIDELINES MAY CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY, PERSONAL INJURY TO YOU, OR IN EXTREME SITUATIONS, EVEN DEATH.

⚠WARNING: YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE SOUNDSCAPE. Viewing Soundscape content is not recommended for children without adult supervision. You represent and warrant that you meet the minimum age requirement to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use Soundscape and have gotten your parent or guardian to agree to these terms on your behalf). If you, or your parent or guardian, do not agree to these terms, you are not permitted to use our services. These terms have the same force and effect as an agreement in writing.

⚠WARNING: Soundscape produces an immersive VR experience, and users’ reactions differ. A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Such seizures are more common in children and young people under the age of 20. Exposure to certain patterns or backgrounds on a variety of screens or when playing video games may trigger epileptic seizures or blackouts in these individuals. These conditions may trigger previously undetected epileptic symptoms or seizures in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family has an epileptic condition or has had seizures of any kind, consult your physician before playing. IMMEDIATELY DISCONTINUE use and consult your physician before resuming Soundscape. If you or your child experience any of the following health problems or symptoms: Dizziness Altered vision, Eye or muscle twitches, Loss of awareness, Disorientation, Seizures or Any involuntary movement or convulsion. Anyone who previously has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should see a doctor before using the headset.

⚠WARNING: See a doctor before viewing VR Content or entering Soundscape if you have a history of or if you are prone to seizures. The Soundscape experience, at certain times, enhances its immersive experience with variations of flashing lights and strobes.

⚠WARNING: Use caution to avoid injury and remain seated unless your content experience requires standing. Serious injuries can occur from tripping, running into or striking walls, furniture or other objects, so clear an area for safe use before using the headset.

⚠WARNING: The hyper realistic spatial integration in height, dimensions and elements of surprise affect people differently. Remain seated whenever possible during your Soundscape experience and take special care to be aware of your surroundings to ensure you do not injure yourself or other people around you while you are experiencing Soundscape.

⚠WARNING: BEFORE EXPERIENCING SOUNDSCAPE & GENERAL PRECAUTIONS:

Identify Who Manufactures The VR/AR Headset You Are Using.

Locate, read and understand your headset manufacturer’s guidelines. Provided below are links to some, but not all, headset manufacturers’ use and safety guidelines.

Meta Quest Safety Link Valve Index Safety Link HTC Vive Safety Link Sony Playstation VR Safety Link

⚠WARNING: Use Only In A Safe & Inspected Area: Soundscape produces an immersive VR experience that distracts you from and blocks your view of your actual surroundings so remove obstacles which may interfere with your balance or could cause you personal injury should you accidentally come in contact with it. Be aware of your surroundings before experiencing Soundscape or while using your headset for any other VR/AR use.
Take special care to ensure that you are not near other people, objects, stairs, balconies, open doorways, windows, furniture, open flames, ceiling fans or light fixtures or other items that you can bump into or knock down when using, or immediately after using Soundscape.
Remove any tripping hazards from the area before using the headset.
Secure doors or entrances near play zone. Consider that while using the headset you may be unaware that people may enter your immediate area.

⚠WARNING: Balance: Experiencing Soundscape and using VR/AR headset mays cause loss of balance. Remember that the objects you see in the VR environment do not exist in the real environment, so don’t sit or stand on them or use them for support.

⚠WARNING: General Safety: Do not handle sharp or otherwise dangerous objects while using the headset. Never wear the headset in situations that require attention, such as walking, bicycling, or driving. Make sure any headphone cables if used are not tripping hazards. Do not experience Soundscape or use your headset while in a moving vehicle such as a car, bus, or train, as this can increase your susceptibility to adverse symptoms. 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.

⚠WARNING: Hearing Safety: Do not use the headset with the sound at a high volume so that you can maintain awareness of your surroundings and reduce the risk of hearing damage.

Important Notices:

Soundscape may record your VR experience and may use such recording in advertisements, demonstrations or general social media posts without seeking any additional permission or license from you.
To use Soundscape in public settings (VR arcade, cafe, music festival, etc.), a monthly license is required for each PC the Applications and Services are installed on at your place of operation.
Disputes must be arbitrated pursuant to the arbitration provision contained herein and you should consider the limitations on liability contained hereto.
Your computer will be subject to allowing Cookies so as to better your experience and to allow Soundscape to better serve you.
Soundscape suggests Printing a copy of these Terms for future reference.

⚠WARNING: SORRY TO REPEAT THIS, BUT IT IS OUR SPECIFIC INTENT TO REPEAT THESE WARNINGS ABOUT YOUR HEALTH AND SAFETY BECAUSE WE SINCERELY CARE ABOUT YOU. WE ARE SOLELY IN BUSINESS FOR YOU AND WE WOULD BE CRUSHED IF SOMETHING WERE TO HAPPEN TO YOU WHILE EXPERIENCING SOUNDSCAPE. WE HIGHLY RECOMMEND YOU REVIEWING OUR HEALTH AND SAFTEY PROVISIONS BY CLICKING ON THE LINK BELOW: Please review paragraph 17 within our terms of service for a more information.

OUR TERMS OF SERVICE

IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE SOUNDSCAPE. EACH TIME YOU ACCESS AND USE SOUNDSCAPE YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS as amended from time to time.

Soundscape Overview: Soundscape provides virtual reality (“VR”) experiences as a Service via compatible VR equipment e.g. Quest, Valve and other VR gear manufacturers and through gaming platforms, such as Steam, to consumer music, gaming and VR enthusiasts. Soundscape PROVIDES consumer’s personal enhanced experience by allowing the consumer to use our virtual reality worlds to explore while enjoying either our curated music collection or their self- provided personal playlist. Soundscape provides music artists an advanced metaverse interactive and immersive VR, PC Play or Mobile Play. (consumer and artist services are collectively hereafter “Services”).

EXCLUSIVE USE: These Terms of Use govern your access and use of Soundscape, and any of its subsidiaries, affiliates, brands and entities that it controls, including all applications and Services and other affiliated websites. Your use does not allow Soundscape to be operated in a commercial or public setting, or for the purpose of producing content for commercial or promotional use, including posting to social media without the express permission from Soundscape and any of their content providers or copyright owners. Soundscape will pursue legal action against anyone found operating Soundscape or using any part or portion of Soundscape’s designs or architecture or curated music content without proper licensing. Please reach out to the developers at SoundscapeVR@gmail.com for any inquiries regarding commercial licensing. Soundscape owns or licenses, operates and/or controls the rights to all software, copyrights, trademarks, trade-dress and patents utilized with your Soundscape experience.

Equal Opportunity Employer: Soundscape is an equal opportunity employer, employing persons without considering race, sex, religion, nationality, age or disability. If you are amazing at a particular Soundscape personnel need, trust us, we want you.

REGISTRATION: You will need to register an account with a third-party platform or service provider, such as, but not limited to, Steam or Oculus/Quest (“Platform”). The Game is expressly provided in Platform where an account is required. You may not, under any circumstances, whether intentionally, or through negligence allow or enable others to access your account. We require each user to have a unique username and password combination in order to use Soundscape and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of Soundscape. Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances.

We are not liable for any harm caused or related to the theft or misappropriation of your username or password, disclosure of your username or password, or your authorization of anyone else to use your username or password.
You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password or any other need to deactivate your username or password due to security concerns.
1. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE APPLICATION WILL BE DEEMED BINDING ON YOU.
You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority.
You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Applications and Services for which you will be legally responsible.

CONDITION FOR USE: Before using Soundscape, you agree to the following:
1. You must be at least 13 years of age to use Soundscape. Soundscape is not intended for children under the age of 13. If you are at least 13 but are under the age of 18, you may only use Soundscape with your parent’s or guardian’s consent and supervision and your parent or guardian must provide consent after having read these Terms and most specifically, the Heath and Safety Alerts. In such a case you represent and warrant and covenant that both you and your parent or guardian have read and consent to these Terms (including all the conditions, limitations, disclaimers, and waivers provided herein. If you are a parent or guardian consenting to these Terms on behalf of a child between the ages of 13 and 18, you additionally agree to guarantee and be fully responsible for that person’s performance hereunder, including all financial obligations or liability he or she may incur, and all disclaimers and waivers of applicable legal protections provided herein, and you agree to take all actions (including executing such additional documents or agreements) necessary to effect and perfect the foregoing.
  1. In all other cases, you represent that you are 18 years or older and fully competent to accept these Terms, and you hereby agree and acknowledge that you have read, understood, and agree to be bound by these Terms.
2. You have not previously been suspended or removed from Soundscape; and
3. When creating a username, you may not use language that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise objectionable or offensive;
4. You further acknowledge and agree that by using Soundscape, you are accepting a benefit that you cannot return or disgorge and that we are relying on your representations regarding your ability to accept and perform these Terms, and you therefore waive any right you may have under applicable law to void, rescind, or otherwise avoid these Terms.
5. If you are using Soundscape on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

PROHIBITED USE:

You may not provide false information or intentionally hide any information when registering for your Soundscape or Platform account;
Using the Game in a manner that violates the health and safety guidelines set forth in Soundscape’s Health and Safety ALERTS.
Systematically retrieve data or other content from Soundscape to create a database or directory;
Make any unauthorized use of Soundscape or user data for the purpose of SPAM emails, or creating user accounts by automated means or under false pretenses;
Circumvent, disable or otherwise interfere with security protocols of Soundscape, that prevent or restrict the use or copying of any Soundscape’s content or cause limitations on its’ features;
Use of your own or third-party software to modify any content appearing within Soundscape, its environment or change how Soundscape is played;
Use of your own or third-party software to bypass or modify any Soundscape architecture, development or design or create or provide any other means through which Soundscape may be accessed and/or used by others in ways other than those intended by Soundscape;
Engage in unauthorized linking to the Soundscape;
Infringe anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity, likeness or privacy;
Mislead Soundscape and other users to acquire personal data or account information;
Submit false reports of abuse or misconduct;
You may not impersonate Soundscape employees, consultants, partners etc;
You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
Engage in automated use systems, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
Interfere or disrupt Soundscape or functionality or take any action that imposes excessive loads on Soundscape on architecture, development, design or user experience;
Falsely identify yourself as another user or attempt use the username of another user;
Transfer your profile;
Harass or abuse another person and you may not use language or images that are or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or racially, ethnically or otherwise offensive or objectionable;
You may not post or communicate any player’s real-world information (name, address, account name, etc.) in Soundscape, on the websites or in any other forum or media, or make public anyone’s identification documents, sensitive financial information, other sensitive personal information or posting such information in Soundscape or other permitted websites;
You may not harvest or collect email addresses or other contact information of other users from Soundscape by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
Circumvent security protocols designed to prevent or restrict access to Soundscape, or any portion of Soundscape;
Remove the copyright or other proprietary rights notice from Soundscape;
Transmit content that contains any computer virus, worms, or other potentially damaging computer programs or files including, but not limited to viruses, Trojan horses, malware, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or similar computer-generated action intended to interferes with the Soundscape or other users;
Use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
You will not exploit any bug in Soundscape, and you will not communicate the existence of any such exploitable bug (bugs that grant any user unnatural or unintended benefits) either directly or through public posting, to any other Soundscape user. Bugs should be promptly reported to support@soundscapeuniverse.com;
You will not attempt to experience Soundscape on any server or platform that is not controlled or authorized by Soundscape, its designees or platform/service providers;

ASSUMPTION OF RISK: You assume all risks that Soundscape, content, user materials, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any Applications downloaded or otherwise obtained through Soundscape are at your own discretion and risk and you are solely responsible for any damage to your computer or data loss. By participating in multi-player games or visiting Soundscape messaging, you may be exposed to rude, crude, indecent, or other offensive language or references that is not authorized or encouraged by Soundscape. You agree that neither Soundscape, nor any of its affiliates or agents, shall be responsible for any loss or damage of any sort relating to your dealings with any third-party advertiser or content provider in the Applications and Services.

SUBSCRIPTIONS OR FEES: Soundscape may be provided as “free-to-play” where you can access and play certain parts of Soundscape without any prior payment. However, other versions of the Soundscape or certain additions, levels, releases and/or features may be considered “premium features” where you must pay a fee to gain access to advanced levels, features, etc. Where applicable, you agree to pay in full for the purchasable Soundscape content that you have ordered. We reserve the right at any time to charge fees for access to Soundscape or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to Soundscape unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to pay to play content. Details regarding the pay to play services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms. All fees regarding pay to play are payable to the Platform provider from which you are purchasing and downloading Soundscape. Soundscape is neither responsible nor part of such transaction.

LIMITED NON-COMMERCIAL LICENSE TO USE SOUNDSCAPE: Soundscape may offer you the ability to use certain additions, levels, releases and/or features, including without limitation, live music streamed events, trivia and other third-party content streamed events, instant messages, bulletin boards, e-mail functions, software and services that allow you to download specific content to your computer. Without limiting your obligations and restrictions described above, your limited license to use Soundscape are subject to the following conditions:

You acknowledge and agree that all content, design elements, and materials available in Soundscape, e.g. brands graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service and/or product names (“Soundscape Content”) are owned by Soundscape and/or its licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Soundscape and licensors. Soundscape and licensors retain all right, title and interest in and to Soundscape Content.
Soundscape Content made available to you are the copyrighted work of Soundscape and/or licensed third-party copyrights, patents or trademarks. Only these Terms shall govern your use of Soundscape. You may not download or use any content from the Soundscape without agreeing to these Terms. Certain content may be owned by third parties and distributed under a third-party license and you agree that Soundscape shall not be responsible for any loss or damage of any sort relating to your dealings with such third-parties.
1. Additionally, third party licensees who utilize Soundscape for use in live streamed VR events acknowledge that Soundscape is not liable for unapproved third-party recording and posting of their experience in the live event including licensees’ audio and video copyrights.
Unless expressly stated otherwise in these Terms, you are granted only a limited license to download and/or use Soundscape from a single computer for personal and non-commercial purposes unless otherwise acknowledged by Soundscape.
You may not make copies of or distribute our content or electronically transfer the content from one computer to another or over a network, nor may you separate any content from Soundscape. You may not decompile, reverse engineer, disassemble or otherwise reduce the content to human perceivable form.
You may not create derivative works of the content and you may not export the content in violation of any U.S. or foreign law, rule or regulation.
All rights in Soundscape not specifically granted to you in writing by Soundscape are reserved to Soundscape.
Soundscape may cease support of content at any time in its sole discretion or terminate your use of or access to any content or Services.
Content you use or download from Soundscape may contain third party digital rights management systems (“DRMS”) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that Soundscape shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to Soundscape or its content, whether by estoppel, implication or otherwise.
You agree not to assert any claim, action or proceeding against Soundscape for infringement of any patents, patent rights or other intellectual property rights.
Soundscape may from time-to-time update or otherwise modify the services and/or content or require the user to install updates, patches or fixes (“updates”). Updates may change soundscape’s terms, conditions, features, items, mechanics, or any other element. You must agree to any and all game terms and conditions and install such updates before you will be allowed to proceed to play. If you fail to install the new release when required, soundscape will not be responsible in any way for your inability play as intended, and you shall not be entitled to receive a refund of any prepaid fees or any other form of compensation.

CANCELLATION/DEACTIVIZATION:
1. We may terminate your use of and registration on the Application at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
2. Account Termination: If you are registered to use the Soundscape, you may deactivate your account on the Application, at any time and for any reason, by logging in to your account and then by clicking on the “My Account” link and then selecting the “Cancel My Account” option or if unable to remotely terminate your account, You may disable your access to Soundscape by contacting us at ___@soundscapeuniverse.com.
3. All fees paid for a durational period as outlined shall not be refunded or reimbursed, however, any fees charged after your termination notice shall be refunded.

PRIVACY: By accepting these Terms, you expressly consent to our use of your personal information as explained in our Privacy Policy, which is incorporated herein by reference. This includes all personal information acquired from your registration and personal data entered in order to provide the criteria needed for optimal Services. Please see Soundscape’s Privacy Policy.

Third-Party Links: We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web sites or resource or its contents over which we have no control and which we do not monitor.
1. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the site or any other form of link or re-direction of your connection to, with or through the Application, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Soundscape, or any of its Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers.
2. Soundscape does not review or evaluate any third party advertisements or games, websites, services etc. linked to Soundscape and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the advertisements, content, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such advertisements, games, websites, services, Platforms etc.
3. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Services, Soundscape, or any of its Affiliates’ logo or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement.
4. If any third-party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.

ADS AND MALWARE: We take great care and pride in creating Soundscape. We are always on the lookout for technical glitches that effect how the Soundscape works. When we find them on our end, we will fix them immediately. Unfortunately, your home computer may cause some glitches that effect how you see Soundscape– and that is beyond our control. If you experience any unusual behavior, content or ads on Soundscape, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on Soundscape is working properly, sometimes Malware programs on your personal computer may interfere with your experience on Soundscape and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any third-party software and/or download site. We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
1. Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
2. Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
3. Install antivirus software. Consult your IT department or computer technician for which brand is best for you.
4. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
5. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at (email address)

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY
1. Soundscape respects the intellectual property of others and expects our users to do so as well. Should Soundscape allow user generated content, each user must ensure that the materials they upload does not infringe on any third-party copyrights. Soundscape will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) when properly notified that the materials infringe on a third party’s copyright. Soundscape also reserves the right to terminate the accounts of repeat copyright infringers.
2. If you believe content in or accessible is in violation of your copyright or trademark rights, please submit a “DMCA Takedown Notice.” See below. Upon receipt of a bona fide DMCA Takedown Notice, We will act expeditiously to remove the purported infringing material.
3. We request additional information necessary to make your notice complete. If you fail to provide the requested information, your request may not be processed.

DMCA Takedown Notices To request the removal of materials based upon copyright infringement, you must file a notice containing the following: Your name, company name, full legal name of the copyright holder that you represent, your address, telephone number, email address (if any) and country of residence. A description of the copyrighted work that you claim has been infringed. A description of where on Soundscape the material that you claim is infringing may be found, sufficient for Soundscape to locate the material (e.g., the online level ID or the URL). A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Your electronic or physical signature.

You may file your notice to: By email:
takedown@soundscapeuniverse.com

MODIFICATIONS: We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change these Terms. We will post or display notices of material changes on Soundscape and notify you upon login about these changes; the form of such notice is at our discretion.
1. Such changes and/or modifications shall become effective immediately upon the posting thereof.
2. Please review our terms of use periodically.
3. Your continued use of Soundscape following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of use.
4. We reserve the right to modify, suspend or discontinue all or any aspect of Soundscape with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur.
5. Soundscape is provided over the Internet/metaverse and so the quality and availability may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using Soundscape or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned.
6. You agree that we shall not be liable to you or any third-party should Soundscape exercise its right to modify, suspend or discontinue the Services.

INTELLECTUAL PROPERTY: All content, including, but not limited to Patents, Copyrights, trademarks, software copyrights, source code, functionality, databases, Site designs (text, graphics, photographs, audio, video), generated letters, trademarks, trade dress, service marks, logos, patents except that which is specifically designated as owned by a third party author or developer are either owned by Soundscape or licensed to us, and are therefore protected by copyright, trademark or patent laws and other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions (“Intellectual Property”).
1. No Intellectual Property may be copied or reproduced and distributed, sold, licensed or otherwise exploited for any commercial purposes or personal favor to another without our express prior written permission.
2. You agree that the services you purchase, copy or download may only be used by you for your personal use.
3. You are granted a limited license to access and use Soundscape.
4. We reserve all rights not expressly granted to you herein.
5. You may record and post your Soundscape experiences in social media, however, you may not include in your posting any corresponding musical content constituting copyrights owned by third parties.

WARRANTY DISCLAIMERS: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOUNDSCAPE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1. Soundscape makes no representation or warranty of any kind, express or implied: (i) as to the architecture, design, information, content, materials etc.; (ii) that Soundscape will be continuously functioning, uninterrupted, securely or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, products and services provided; or (iv) that the servers, platforms, or e-mails sent from or on behalf of Soundscape, are free of viruses, scripts, trojan horses, worms or other harmful components.
2. Although Soundscape provides rules for user conduct and postings, Soundscape does not control and is not responsible for what users post, transmit, nor are we responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter in Soundscape or in connection with any third-party applications, software or content.
3. Soundscape is not responsible for the conduct, whether online or offline, of any player of the game.

LIMITATIONS OF LIABILITY: Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under the Laws of any state within the United States of America. We are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill.
1. However, you understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Services.
2. We will not be liable for damages which you could have avoided by following our advice, including Heath and Safety Alerts, applying updates, patches or errors corrections offered to you free of charge or to have in place the minimum system requirements advised by us.
3. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.
4. Unless otherwise provided by applicable law, in no event shall our liability to you exceed the amount of fees you paid us (if applicable) for a period of three months prior to the date you submit a claim.
5. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

ARBITRATION AGREEMENT AND LEGAL CONSIDERATION: Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Soundscape, and any of its subsidiaries, affiliates, brands and entities that it controls limits the manner in which you can seek relief from us. Both you and Soundscape acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Soundscape’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
1. Arbitration Rules; Applicability of Arbitration Agreement: The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration.The arbitration will proceed in the English language, in accordance with the AAA or JAMS arbitration rules and procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of AAA or JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
  1. Unless you and Soundscape agree otherwise, the arbitration will be conducted in a confidential manner, in the country where you reside. If in the United States, arbitration shall be held in Denver Colorado.
2. This arbitration requirement shall not be construed to prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this sentence, an “IP Protection Action”). Notwithstanding this arbitration agreement, Soundscape reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (including but not limited to hacking or falsifying location) of its intellectual property, products and Services.
3. You shall continue to have the right under compulsorily applicable law (i.e., law which cannot be disclaimed and/or excluded under these Terms), you will have the right to litigate a dispute if you provide Soundscape with written notice of your desire to do so by email to support@soundscapeuniverse.com within thirty (30) calendar days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If such an Arbitration Opt-out opportunity is required under compulsorily applicable law and you don’t provide Soundscape with an Arbitration Opt-out Notice within the thirty (30) calendar day period, you will be deemed to have knowingly waived your right to litigate. Unless both you and Soundscape agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
  1. Should your claim not exceed $10,000 (US), then the arbitration will be conducted solely on the basis of the documents that you and Soundscape submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary.
4. Costs of Arbitration: AAA Rules will govern payment of all arbitration fees. The parties shall share equally in the costs of the Arbitration and shall be responsible for their own attorneys’ fees. Soundscape will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
5. Equitable Relief and/or Small Claims Court: Either you or Soundscape may assert claims qualifying claims in small claims court in Denver, Colorado or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
6. Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction.
7. Waiver of Jury Trial: You and Soundscape WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY and instead choose to have claims and disputes resolved by arbitration.
8. In any litigation between you and Soundscape over whether to vacate or enforce an arbitration award, YOU AND Soundscape WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
9. Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE Consumer OR user CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER claimants. However, should this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Soundscape is entitled to arbitration; instead all claims and disputes will be resolved in a court of law within the appropriate jurisdiction.
10. Opt-out Notice: You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to Soundscape Legal as first identified above, postmarked within thirty (30) days of first accepting these Terms.
  1. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
  2. Notices sent to any other address, or sent by electronic mail or communicated orally, will not be accepted or effective.
11. Exclusive Venue: If you send the opt-out notice identified above in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Soundscape to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Soundscape agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Denver, Colorado, or the federal district in which that county falls.
  1. All claims are to be governed by the laws of the State of Colorado, United States of America.

Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void and thereafter shall be governed pursuant to subparagraph (g) above.
This arbitration agreement will survive the termination of your relationship with Soundscape.
MISCELLANEOUS:
1. Entire Agreement: These Terms, together with the Health & Safety Alerts, Privacy Notice and the terms of any end user license agreement to which you agree when downloading any software that we make available through Soundscape and any additional terms to which you agree when using particular elements of Soundscape constitute the entire and exclusive and final statement of the Agreement between you and us with respect to the subject matter hereof as identified herein within these Terms, and govern your use of the Soundscape, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.
2. Transfer of Rights: You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
3. Conflicts: In the event of any conflict between these Terms and terms of a specific service within the network of Application affiliates, these Terms shall govern.
4. Waiver and Severability: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  1. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Soundscape and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
  2. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  3. For users outside of the United States of America, You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
6. Survival: These Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
7. Our Relationship:
  1. Both parties are independent of each other.
  2. No other person shall have any rights to enforce any of the provisions contained in these Terms.
  3. Neither party shall be deemed an employee, agent, partner, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms.
  4. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.

HEALTH & SAFETY: Thank you for your interest in the Soundscape virtual reality (“VR”) music experience. Soundscape was created with you in mind and our primary goal is for you to have an unforgettable unique entertainment experience. Although our primary goal is your happiness, your health and safety are paramount. Like other enjoyment or leisure activities such as skiing, swimming, sports, etc., you must participate in a healthy and safe manner. Please review these health and safety considerations when participating in VR.

⚠ WARNING HEALTH AND SAFETY ALERTS

Step 1: Understand General VR Risks.

Participating in VR experiences involves some risks, including, but not limited to loss of balance, inability to see your physical surroundings, inability to hear sounds in your physical surroundings, parts of your body hitting or otherwise contacting people or objects in your physical surroundings, repetitive or strenuous motion, involuntary motion or action, eyesight or hearing stress associated from frequent or prolonged use. You will be moving your head, limbs and other body parts, which could cause serious injury or death to you, people near you, or property if you do not follow these health and safety guidelines. While wearing your headset and experiencing Soundscape, you will have a limited or altered view and you will not be able to see everything or possibly anything in the physical room around you.
People react differently to the highly immersive and perceived reality combined with flashing lights and music. Certain people may experience general health reactions such as epileptic seizures, loss of consciousness, altered vision, motion sickness, dizziness, disorientation or nausea, repetitive motion injuries and eye strain. Immediately stop playing if you experience any of the above symptoms or suffer other physical concerns.

Step 2: Know Your Headset And Platform.

Locate, read and understand your Headset manufacturer’s guidelines, as well as your marketplace, platform, and/or forum guidelines and notices, and that any failure to adhere to any such guidelines or precautions may cause damage to property, personal injury to you or others, or death. Always use the Headset in accordance with your Headset manufacturer’s guidelines.

Meta Quest Safety Link Valve Index Safety Link HTC Vive Safety Link Sony Playstation VR Safety Link Steam

Step 3: Know Your Body And Current Health Condition, Capabilities And Concerns.

Consult with your doctor before engaging in VR play or Soundscape if you are: (A) pregnant, (B) suffer from a heart condition, (3) elderly, (4) using prescription or non-prescription medication, (5) or have vision abnormalities, (6) psychiatric disorders and/or (7) other serious medical conditions.

Seizure warning: If you are prone to seizures when exposed to flashing lights or light patterns, take precautions and play under supervision. Exposure to certain light patterns or backgrounds on virtual reality/augmented reality equipment such as headsets or glasses may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy.

Do not play the Game while experiencing any of the following, as it may increase your susceptibility to harm while playing the Game:

Tiredness or exhaustion; Under the influence of alcohol or drugs;

Hung-over; When suffering from cold, flu, headaches, migraines, or earaches.

Under emotional stress or anxiety; or Have digestive problems;

Step 4: Know Your Play Space.

Ensuring your space is large enough to allow you play without coming into contact with objects, and including a buffer between your space and any objects that is large enough if you inadvertently trip or fall.

Consider room size, ceiling height, posts, columns, doors, stairs or ramps, balconies, open doorways or windows, uneven floors, loose rugs or carpeting, wall art, pets, ceiling fans, light fixtures, people, drunk friends, candles or open flames, televisions, computer monitors, Avoiding playing in, near, or under areas, objects, animals, or other things that could cause injury through trips, falls, contacts, strikes, loss of balance, or other unsafe conditions or interactions, such as:

Never experience Soundscape in situations that require attention, such as running, bicycling, use of treadmills, ellipticals or other exercise machines, driving, or handling hazardous objects.

Take appropriate steps to prevent other people, pets, children from entering your space.

Stop Soundscape if your environment or space changes and becomes unsafe. Should someone or something enter your space, please pause Soundscape and remove your Headset to ensure your space is still safe.

Step 5: Proceed with Caution.

It is highly recommended you take a reasonable break from Soundscape, every ten (10) to fifteen (15) minutes. Always take a break if you feel discomfort and don’t start again until you are no longer feeling discomfort. Extended use without adequate breaks may increase the risk of injury, other adverse effects, or property damage.
Move carefully while playing the Game. Fast or abrupt motion may cause a collision or loss of balance. If you lose your balance or your sense of balance feels affected, stop playing the Game and take a break until normal balance returns.
Do not interact with real-world objects while experiencing Soundscape.
Immediately discontinue Soundscape driving, operate machinery, or engaging in other activities requiring physical or visual coordination.
Stop or Pause Soundscape if any of the following symptoms are experienced:

Seizures; Eye strain; Nausea; Fatigue; Drowsiness; Dizziness;

Impaired balance; Eye or muscle twitching; Excessive sweating; Increased salivation; Pain or discomfort; Disorientation;

Altered, blurred, or double vision or other visual abnormalities; Impaired hand-eye coordination; Motion sickness symptoms Involuntary movements; Lightheadedness;

Step 6: You Acknowledge You Understand Our Concern For Your Health And Safety.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO FOLLOW THESE HEALTH AND SAFETY GUIDELINES at all times when experiencing Soundscape. YOU ACKNOWLEDGE THAT FAILURE TO ABIDE BY THESE HEALTH AND SAFETY GUIDELINES MAY CARRY WITH IT THE POTENTIAL FOR DAMAGE OR LOSS TO PROPERTY, PERSONAL INJURY TO YOU, OR DEATH.

YOU HEREBY RELEASE SOUNDSCAPE AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, THE PLATFORM/ SERVICE PROVIDERS AND THEIR RESPECTIVE MEMBERS, ADVERTISERS OR SPONSORS, OR THEIR RESPECTIVE EMPLOYEES, MEMBERS, CONTRACTORS, DIRECTORS, OFFICERS, AGENTS OR LICENSORS FROM ANY AND ALL LIABILITY IN CONNECTION WITH ANY AND ALL CLAIMS PERTAINING TO THE USE OF A HEADSET, RELATED EQUIPMENT, OR SOUNDSCAPE ITSELF.

⚠ WARNING HEALTH AND SAFETY ALERTS

Thank you for your interest in the Soundscape virtual reality (“VR”) music experience. Soundscape was created with you in mind and our primary goal is for you to have an unforgettable unique entertainment experience. Although our primary goal is your happiness, your health and safety are paramount. Like other enjoyment or leisure activities such as skiing, swimming, sports, etc., you must participate in a healthy and safe manner. Please review these health and safety considerations when participating in VR.

Step 1: Understand General VR Risks.

Participating in VR experiences involves some risks, including, but not limited to loss of balance, inability to see your physical surroundings, inability to hear sounds in your physical surroundings, parts of your body hitting or otherwise contacting people or objects in your physical surroundings, repetitive or strenuous motion, involuntary motion or action, eyesight or hearing stress associated from frequent or prolonged use. You will be moving your head, limbs and other body parts, which could cause serious injury or death to you, people near you, or property if you do not follow these health and safety guidelines. While wearing your headset and experiencing Soundscape, you will have a limited or altered view and you will not be able to see everything or possibly anything in the physical room around you.

People react differently to the highly immersive and perceived reality combined with flashing lights and music. Certain people may experience general health reactions such as epileptic seizures, loss of consciousness, altered vision, motion sickness, dizziness, disorientation or nausea, repetitive motion injuries and eye strain. Immediately stop playing if you experience any of the above symptoms or suffer other physical concerns.

Step 2: Know Your Headset And Platform.

Locate, read and understand your Headset manufacturer’s guidelines, as well as your marketplace, platform, and/or forum guidelines and notices, and that any failure to adhere to any such guidelines or precautions may cause damage to property, personal injury to you or others, or death. Always use the Headset in accordance with your Headset manufacturer’s guidelines.