TERMS AND CONDITIONS

 

Last Updated: April 1, 2024

 

This website is operated by Rebuff Corp., doing business as Rebuff Reality at www.rebuffreality.com and through game platforms like Dance Dash (the “Site”). Throughout the Site and its applicable rules and policies, the terms “we”, “us” and “our” refer to Rebuff Reality. Rebuff Reality offers this website and game platform, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our Site, using our Games, and/or purchasing something from us, either directly or through a third-party service (the “Content”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Content, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Content, you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERIVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE CONTENT AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

The Terms of Service and our Privacy Policy (the “Privacy Policy”) may be updated from time to time and the current version will be posted at https://rebuffreality.com/terms-of-service/ and https://rebuffreality.com/privacy-policy/, respectively. Your continued use of the Content after a revised version has been posted constitutes acceptance by you of the revised Terms and Privacy Policy, as updated. While Rebuff Reality may attempt to notify you via in-game messages, email, or other means when significant changes are made, it is your responsibility to periodically review the most current version of these Terms. You are responsible for checking the Terms and Privacy Policy periodically for changes. If you do not agree to any modifications, your sole remedy is to stop using the Content and, where applicable, uninstall the Game. Changes to the Terms will not apply retroactively and will become effective upon posting.

 

In order to agree to these Terms of Service, you need to be (1) old enough to enter into these Terms on your own in your local jurisdiction; and (2) at least 13 years old. Otherwise, you must have your parent or legal guardian read and accept the Terms and our Privacy Policy on your behalf before your use of the Content.

 

If you are a parent or legal guardian of a child and you provide your consent to your child’s access to and use of the Content, you agree to be bound by these Terms of Service and the Privacy Policy in respect thereof and you hereby guarantee that your child shall adhere to these Terms. We encourage you to supervise your child’s online activities, review the content they are accessing and, as appropriate, monitor their social interactions.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last update” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  Our game Dance Dash is currently hosted on Steam, which provides an online platform that allows you to use and enjoy the game. Shopify and Steam have their own Terms of Service or similar policies posted on their website. You are encouraged to read those applicable policies. By using services hosted on Shopify or Steam, you agree to be bound by their Terms and/or Policies.

 

SECTION 1 - PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: www.rebuffreality.com/privacy-policy. By using the Content, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Content is hosted in the United States. If you access the Content from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Content, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

If you connect to the internet when using the Game, Rebuff Reality may receive information from hardware manufacturers or platform hosts (including, but not limited to, HTC, Valve, Meta, Sony, their affiliates and may automatically collect certain information from your computer or gaming unit. The information may include, but is not limited to: user IDs (such as gamer tags and screen names), game scores, game achievements, game performance, locations visited, hardware MAC address, internet protocol address, web browser type, operating system of your device, the sections of the Content you visit, the date and time of your use of the Content, your in-media time, your actions within the Content, Content crashes and other system activity, and content that you download from the Content (“Usage Data”). All information collected by Rebuff Reality is intended to be anonymous information that does not disclose your identity or constitute personal information, however, if you include personal information (such as your real name) in your user ID used with our platform hosts, then such personal information may automatically be transmitted to Rebuff Reality and used as described herein.

 

The information collected by Rebuff Reality may be posted by Rebuff Reality on publicly accessible web sites, shared with hardware manufacturers and shared with platform hosts, shared with Rebuff Reality’s marketing partner or used by Rebuff Reality for any other lawful purpose. By accessing and using the Content, you consent to these information collection and usage terms, including (where applicable) transfer of data to Rebuff Reality and affiliated companies into a country outside of your home jurisdiction and consent to and accept the terms of Rebuff Reality’s Privacy Policy and you agree that your Usage Data will be owned by Rebuff Reality without providing additional compensation to you or any other person and without any liability whatsoever.

 

SECTION 2 – LICENSING AND IP OWNERSHIP

BY INSTALLING OR USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE GAME.

 

INTELLECTUAL PROPERTY OWNERSHIP: Except for the license granted hereunder, all title, ownership rights, and intellectual property rights in and to the Content, including the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, stories, dialogue, catchphrases, locations, artwork, animations, sounds, musical compositions, and audio-visual effects) are owned by Rebuff Reality or its licensors. The Content is protected by United States copyright and trade-mark law and applicable laws and treaties throughout the world. Except as expressly permitted in these Terms, the Content may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Rebuff Reality. Unless expressly permitted in these Terms, any persons copying, reproducing or distributing all or any portion of the Content in any manner or medium without Rebuff Reality’s prior written consent will be willfully violating copyright laws and these Terms and may be subject to penalties in the United States or their local jurisdiction and may have their access to the Content limited or revoked. These Terms should not be construed as a sale of any rights in the Content. All rights not specifically granted under these Terms are reserved by Rebuff Reality and, as applicable, its licensors.

 

LICENSE: Subject to these Terms, Rebuff Reality grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install, use, play, create gameplay videos, and share gameplay videos of the Game solely for your personal and social media, non-commercial use.

 

RESTRICTIONS: You shall not:

1. Copy, display, publicly perform, or use the Content for any purpose, or allow anyone else to do so, without the express prior written consent of Rebuff Reality.
2. Distribute, sublicense, rent, lease, or otherwise transfer the Content to any third party.
3. Modify, adapt, reverse engineer, decompile, or disassemble the Content, in whole or in part.
4. Download, extract, or use the music tracks included in the Content separately or for any use other than playing the Game as intended.
5. Remove or alter any proprietary marks, labels, or notices in the Content.
6. Commercially exploit the Content;
7. Except as otherwise specifically provided use or install the Content (or permit others to do same) on a network, for online use, or on more than one computer or gaming unit at the same time;
8. Use the Content to in any way transmit any file that contains a virus, corrupted data, Trojan horse, keystroke logger, worm, time bomb, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, date or personal information;
9. Use the Content to in any way transmit content or data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may be invasive of another’s right of privacy or publicity;
10. Use the Content to develop a competitive website, game or services; or
11. Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Content by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.

 

COPYRIGHT POLICY: Rebuff Reality respects the intellectual property rights of others and expects you to do the same. Rebuff Reality will respond to notices of alleged copyright infringement that are properly provided to us and comply with applicable laws. If you believe that anything included in the Content infringes any copyright that you own or control, please provide us with the following information:

(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(b) identification of the copyrighted work claimed to have been infringed;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;

(d) your contact information, including your address, telephone number, and an email address;

(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Rebuff Reality reserves the right to remove any Content alleged to be infringing and, if applicable to terminate your account or report you to our service providers without prior notice and at our sole discretion. If you knowingly misrepresent that any Content is infringing, you may be liable to Rebuff Reality for certain costs and damages. Please submit all notices of alleged copyright infringement appearing in the Content to our DMCA Report page here: https://rebuffreality.com/pages/dmca-report

 

USER-GENERATED CONTENT: "User-Generated Content" (UGC) refers to beatmaps or any other material, such as images, text, videos, music, sound effects, and other forms of data or communication, that you create, submit, post, and share through the Game or related social media communities. 

By creating, submitting, posting, or sharing UGC, you grant Rebuff Reality a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your UGC in connection with the Rebuff Reality's (and its successors') business.

By submitting, posting, or sharing UGC, You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to such UGC. You agree not to create, submit, post, or share any UGC that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

Rebuff Reality is under no obligation to screen or monitor UGC, but may review and remove or modify any UGC at any time, without notice, for any reason in Rebuff Reality's sole discretion. Rebuff Reality does not endorse any UGC and takes no responsibility for the content, accuracy, or opinions expressed in any UGC.

You hereby waive all moral rights to your UGC and consent to any act or omission that would otherwise infringe on your moral rights in your UGC.

You agree to indemnify and hold harmless Rebuff Reality from any third-party claims, damages, or liabilities arising from or related to your UGC.

 

SECTION 3 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Content. You may not use our Content for any illegal or unauthorized purpose nor may you, in the use of the Content, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your access to our Content.

 

Virtual Items: From time to time Rebuff Reality may provide you with opportunities to earn or receive, or offer to sell you, certain products and services including, but not limited to, subscriptions, memberships, or licenses to use “virtual” items such as “virtual currency” (including but not limited to virtual cash, tokens, points, units, credits, skins or emotes, all for use within the Game accessed through the Content), free downloadable content, unlockable content, unlocked keys, in-game achievements, digital content and other “virtual in-game items” (all such “virtual currency” and “virtual in-game items” being referred to herein as the “Virtual Items”). You acknowledge that Virtual Items are not real items and do not represent real money or any other type of real financial instrument, but rather are virtual items representing a license from Rebuff Reality to you to access certain features of the Content. REGARDLESS OF THE MANNER IN WHICH YOU ACQUIRED THE VIRTUAL ITEMS OR THE CONSIDERATIONS PAID IN EXCHANGE FOR THE VIRTUAL ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHT IN SUCH VIRTUAL ITEMS.

 

You agree that Rebuff Reality may control, modify, discontinue, replace, manage or otherwise regulate any Virtual Items, in whole or in part, at any time with or without notice to you, and with no liability of any kind to you. For example, Rebuff Reality may sometimes change the purchasing power of the “virtual currency” (by increasing the amount of “virtual currency” needed to purchase Virtual Items such as tokens, emotes or character upgrades). Rebuff Reality generally would only do this in incremental steps but we may choose to provide you with notice (such as through posts on the Content) if we plan to make changes that will significantly impact your Virtual Items in a negative way. REBUFF REALITY WILL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OR ANY OTHER DAMAGE OR LOSS OF ANY KIND TO THE VIRTUAL ITEMS, INCLUDING THE DELETION OF VIRTUAL ITEMS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR OUR REASONABLE CHANGES TO THE CONTENT.

 

SECTION 4 - GENERAL CONDITIONS

The Content may require an internet connection to access internet based features, for authentication, provide updates or patches from time to time, or perform other functions. In order for certain features of the Content to operate properly, you may be required to have and maintain (a) an adequate Internet connection and/or (b) a valid and active account with an online service as set forth in the Content documentation, including, but not limited to, HTC Viveport, Meta, Steam, Sony, or other. If you do not maintain such accounts, then certain features of the Content may not operate or may cease to function properly, either in whole or in part.

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available in the Content is not accurate, complete or current. The material in the Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Content is at your own risk.

 

The Content may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content at any time, but we have no obligation to update any information in the Content. You agree that it is your responsibility to monitor changes to our Content.

 

SECTION 6 – COMMUNITY GUIDELINES AND CODE OF CONDUCT:

By accessing or using the Content and any related services, you agree to comply with the following Community Guidelines and Code of Conduct ("Guidelines"). Failure to adhere to these Guidelines may result in penalties, including but not limited to account suspension, account termination, and forfeiture of in-game items, at the sole discretion of Rebuff Reality.

Respect Others: Treat all users with respect and kindness. Harassment, bullying, hate speech, and other forms of abuse are strictly prohibited.

No Exploits or Cheating: Any form of cheating, exploiting, or unauthorized modification of the Game is not allowed.

No Spamming or Advertising: Unsolicited advertising, promotional material, or spamming is not permitted within the Game or any of its associated platforms.

Content Restrictions: Do not create, share, or promote content that is sexually explicit, violent, discriminatory, or otherwise offensive or inappropriate.

No Impersonation: Do not impersonate other players, Rebuff Reality employees, or any other individuals.

Personal Information: Do not collect, share, or publish personal information of others or yourself within the Game or its associated platforms.

Reporting Violations: If you encounter behavior that violates these Guidelines, please report it to Rebuff Reality immediately through the in-game reporting feature or via customer support.

Penalties for Violations: Violation of these Guidelines may result in actions taken against your account, up to and including account suspension, account termination, and forfeiture of any in-game items or achievements.

Changes to the Guidelines: Rebuff Reality reserves the right to change, modify, or update these Guidelines at any time, without prior notice. It is your responsibility to check regularly for updates to these Guidelines.

 

SECTION 7 – PRODUCTS

Rebuff Reality makes every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Content. However, we do not guarantee that the colors features, specifications and details of the products will be accurate, complete, reliable, current or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.

 

SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for Rebuff Reality’s products are subject to change without notice.  Rebuff Reality reserves the right at any time to modify or discontinue the Content (or any part or content thereof) without notice at any time.  Rebuff Reality shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Content.

 

SECTION 9 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Content. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Rebuff Reality has made every effort to display as accurately as possible the colors and images of our products that appear at the store. Rebuff Reality cannot guarantee that your computer monitor's display of any color will be accurate.

 

Rebuff Reality reserves the right, but is not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. Rebuff Reality may exercise this right on a case-by-case basis. Rebuff Reality reserves the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Rebuff Reality. Rebuff Reality reserves the right to discontinue any product of Service at any time. Any offer for any product or Service made on this Site is void where prohibited.

 

Rebuff Reality does not warrant that the quality of any products, Services, information, or other Content purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.  In the event you purchase products or services through the site, you hereby grant Rebuff Reality an unlimited, perpetual, irrevocable, fully-paid, worldwide license to use, reproduce and publish your logo on our website for purposes of marketing, advertising and as a reference client.  Rebuff Reality may identify your company affiliation by use of your email or company name if you so provide.

 

SECTION 10 – PURCHASES AND PAYMENT

We accept the following forms of payment:

-Visa

-Mastercard

-American Express

-Discover

-PayPal

-Google Pay

-Amazon Pay

-Shopify Payments

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. Rebuff Reality may change prices at any time. All payments shall be in U.S. dollars.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize Rebuff Reality to charge your chosen payment provider for any such amounts upon placing your order. Rebuff Reality reserves the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

Rebuff Reality reserves the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. Rebuff Reality reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

SECTION 11 – RETURN / REFUNDSPOLICY

Please review our Returns/Refunds Policy https://rebuffreality.com/pages/returns on the Site prior to making any purchases.

 

SECTION 12 – THIRD-PARTY ACCOUNTS

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to Rebuff Reality and/or grant Rebuff Reality access to your Third-Party Account, without breach by you of any of the terms and condition that govern your use of the applicable Third-Party Account, and without obligating Rebuff Reality to pay any fees or making us subject to any usage limitations imposed by the Third-Party Account service provider of the Third-Party Account. By granting Rebuff Reality access to any Third-Party Account, you understand that (1) Rebuff Reality may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) Rebuff Reality may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSCOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Rebuff Reality makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that Rebuff Reality may access your email address book associated with a Third-Party Account and your contacts list stored on your digital device solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). Rebuff Reality will attempt to delete any information stored on our server that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

SECTION 13 – THIRD-PARTY WEBSITES AND CONTENT

The Site may contact (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from their parties (Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Rebuff Reality, and we are not responsible for any Third-Party Websites access through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of installation of the Third-Party Websites or any Third-Party Content does not imply approval or endorsement therefor by Rebuff Reality. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are inclusively between you and the applicable third party. You agree and acknowledge that Rebuff Reality does not endorse the products or services offered on Third-Party Websites and you shall hold Rebuff Reality harmless from any loses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that Rebuff Reality may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Rebuff Reality is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

 

Rebuff Reality may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Rebuff Reality takes no responsibility and assumes no liability for any Comments posted by you or any third-party.

 

SECTION 15 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. You may view our Privacy Policy https://rebuffreality.com/pages/privacy-policy.

 

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in our Content that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Rebuff Reality reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Content or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

Rebuff Reality undertakes no obligation to update, amend or clarify information in the Content or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Content or on any related website, should be taken to indicate that all information in the Content or on any related website has been modified or updated.

 

SECTION 17 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to attempt to impersonate another user or person or use the username of another user; (m) to sell or otherwise transfer your profile; (n) to use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise; (o) to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site; (p) to attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site; (q) to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you; (r) to copy or adapt the Site’s software, including but not limited to HTML, Java, C#; (r) to use the Site in a manner inconsistent with any applicable laws or regulations.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Content, use of the Content, or access to the Content or any related website through which the Content is provided, without express written permission by Rebuff Reality.

 

Rebuff Reality reserves the right to terminate your use of the Content or any related website for violating any of the prohibited uses.

 

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Content is provided on an as-is and as-available basis. You agree that your use of the Content will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied in connection with the Content and your use thereof, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Rebuff Reality does not guarantee, represent or warrant that your use of our Content will be uninterrupted, timely, secure or error-free. Rebuff Reality does not warrant that the results that may be obtained from the Site will be accurate or reliable. You agree that from time to time Rebuff Reality may remove the Content for indefinite periods of time or cancel the Content at any time, without notice to you.

 

In no case shall Rebuff Reality, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.  Rebuff Reality’s total liability under any provision of these Terms shall not exceed the amount of the license fee paid by you for the Content, or $50 USD, whichever is greater.

 

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rebuff Reality and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (1) use of the Content; (2) your breach of these Terms of Service; or (3) the documents they incorporate by reference; or (4) your violation of any law or the rights of a third-party; or (5) any overt harmful act toward any other user of the Content with whom you connected via the Content. Notwithstanding the foregoing, Rebuff Reality reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, without defense of such claims. Rebuff Reality will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to his indemnification upon becoming aware of it.

 

SECTION 20 – HEALTH WARNING: SEIZURES & HEART CONDITIONS:

Due to its virtual-reality nature, the Game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a physician. Take breaks regularly and stay hydrated. Please be careful and mindful of your environment when playing the Game. Always make sure there is enough space for you to play safely and that there are no obstacles or dangerous objects around you. If you are a minor (below the legal age of majority in your jurisdiction), you are required to have the health and safety concerns reviewed by your parent or another responsible adult before you start to play the Game. Please note that you bear responsibility for your actions while you play the Game. We don’t take responsibility for any injury or damage caused by your actions while playing the Game.

SEIZURE WARNING: This game contains many types of flashing lights in various colors, which may trigger seizures in people with epilepsy or other sensitivities.

HEART CONDITION WARNING: This is an intense game that can generate very high heart rates through fast movement, potentially putting strain on the cardiovascular system.

IF YOU OR A FAMILY MEMBER HAVE A HISTORY OF EPILEPSY, SEIZURES, OR HEART CONDITIONS, CONSULT A MEDICAL PROFESSIONAL BEFORE PLAYING. Please take the following precautions:

Play in a well-lit room.

Play in moderation, take frequent breaks.

Adjust screen settings for comfort and monitor your heart rate.

Give yourself plenty of room and always be aware of your surroundings when playing the Game.

While playing the Game, make sure the play area is clear of stairs, balconies, windows, walls, furniture, objects and other people that could be bumped into during game play.

STOP PLAYING IMMEDIATELY AND SEEK MEDICAL HELP IF YOU EXPERIENCE: Dizziness, altered vision, disorientation, involuntary movement, seizures, chest pain or discomfort, shortness of breath, nausea, or lightheadedness.

Motion Sickness: Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.

 

Repetitive Motion Injuries and Eye Strain: Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:

Avoid excessive play;

Adults should monitor children for appropriate play;

Take a 10 to 15 minute break every 30 minutes while playing the Games;

If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and

If you continue to have any of the above symptoms or other discomfort during or after playing any Game, stop playing and consult a doctor.

 

As the Game is an immersive virtual reality experience, you may not be able to fully see or hear your surroundings while playing the Game, so necessary precautions should be taken to ensure the safety of yourself and those around you while you or your family members are using the Game. Before playing the Games, please take a moment to ensure that the play area and surrounding space is safe and free of potential hazards. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.

 

Rebuff Reality is not liable for any damage to property, injury or death that may occur as the result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.

 

Your responsibility to heed these warnings is acknowledged by playing this game.

 

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Content, or when you cease using our Content.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, Rebuff Reality also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Content (or any part thereof). If your account is being suspended or terminated for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal actions.

 

Upon termination, all rights granted to you under these Terms will cease immediately. You must cease all use of the Content, including the Game, and uninstall it from your devices. Rebuff Reality may also restrict your access to any associated online services, accounts, and user-generated content, without compensation or notice.

Provisions of these Terms relating to intellectual property ownership, restrictions, user-generated content, warranty disclaimers, indemnity, limitations of liability, and governing law will survive termination of these Terms for any reason.

Rebuff Reality will not be liable for any damages, losses, or expenses of any kind resulting from the termination, and you waive any claims arising from or related to the termination.

 

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regards to its conflict of law principles.

 

SECTION 22 – DISPUTE RESOLUTION

Please read this section carefully. Except as the Terms of Service otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United State, Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,

 

Exception To Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either party can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Arbitration Fees

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Florida, United States.

 

Limitation of Arbitration

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Florida, United States, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction.

 

In no event shall any Dispute brought by either Party related in any way to the Content be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to personal jurisdiction of that court.

 

SECTION 23 – USER DATA

Rebuff Reality will maintain certain data that you transmit to the Site for the purpose of managing the performances of the Site, as well as data relating to your use of the Site. Although Rebuff Reality performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that Rebuff Reality shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

SECTION 24 – NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to support@rebuffreality.com. You may also contact us by writing to Rebuff Corp. at 13727 SW 152 Street, #762, Miami, FL, 33177, United States, or by calling us at +1-(305)-323-5686. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

SECTION 25 – ELECTRONIC COMMUNICATION, TRANSACTION AND SIGNATURE

Visiting the Site, sending us emails, completing online forms, and otherwise using the Content constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGERE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

SECTION 26 – MISCELLANEOUS

These Terms of Service and any policies or rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us and govern your use of the Content, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any failure of Rebuff Reality to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 27 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@rebuffreality.com.