Terms of Use Agreement
Terms of Use Agreements for Journey To Impossible
Last Updated: January 8th, 2024
1. Introduction
Welcome to Journey to Impossible ("we," "our," or "us"), a virtual reality game centered on themes of space exploration, and American Moon Landings (the "Game"). These Terms of Use ("Terms") govern your access to and use of the Game, its associated services, and any related content, features, or applications (collectively, the "Services"). By accessing or using the Services, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from using the Services.
You are required to verify the minimum age requirement for the virtual reality headset and/or platform you are using ("Required Age") and must meet or exceed the Required Age to access and play the Game, except as explicitly permitted by applicable law. The Game is not intended for use by individuals under the Required Age.
The Services are intended solely for users who are at least the Required Age. Any registration for or use of the Services by individuals under the Required Age is strictly prohibited, unauthorized, and constitutes a violation of these Terms. By accessing the Services, you represent and warrant that you are of the legal age of majority in your jurisdiction of residence or, if you are between the Required Age and the legal age of majority, that you are using the Services under the supervision of your parent or legal guardian. Additionally, you affirm that your parent or legal guardian has reviewed these Terms, agrees to be bound by them, and understands all associated rights and obligations.
2. Change of the Terms
We reserve the right to modify or update these Terms at any time and at our sole discretion. Such modifications or updates will take effect immediately upon being posted, unless otherwise specified. By continuing to access or use the Services after the posting of revised Terms, you acknowledge and agree to be bound by the updated Terms.
We encourage you to review these Terms periodically to remain informed of any changes. If we make any modifications, we may notify you by updating the "Last Updated" date at the beginning of these Terms. The "Last Updated" date will reflect the most recent revisions made to these Terms.
3. Use of the Services
Your continued use of the Services signifies your acceptance of the revised Terms. It is strongly recommended that you review these Terms periodically to ensure you understand the terms and conditions that govern your access to and use of the Services.
Modification of these Terms by you is strictly prohibited unless prior written authorization has been obtained from one of our authorized officers. You bear the sole responsibility for regularly reviewing these Terms to determine if any changes have been made.
If you do not agree to any modification of these terms, you must immediately cease using the services and uninstall any games or related software installed on your computer or Virtual Reality Equipment. By accessing or using the Services, you agree to comply with all applicable laws and regulations and to use the Services solely for lawful purposes.
You further agree not to engage in any activities that:
Infringe upon the rights of any third party, including but not limited to intellectual property rights.
Disrupt, interfere with, or compromise the operation, functionality, or security of the Services.
Transmit or disseminate harmful, malicious, or otherwise damaging content through the Services.
4. Copyright Policy
We respect the intellectual property rights of others and expects you to do the same. We 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 our Site, Games, Services or Content infringes any copyright that you own or control, please provide us with the following information:
A detailed description of the copyrighted work that you claim has been infringed.
Clear identification of the specific material alleged to be infringing or involved in the infringing activity, along with information reasonably sufficient to allow us to locate the material within our Site, Game, or Services.
A physical or electronic signature of the copyright owner or an authorized representative who is acting on behalf of the copyright owner.
A statement from you asserting your good faith belief that the use of the material identified in your complaint is not authorized by the copyright owner, their agent, or applicable law.
Your contact details, including your full name, mailing address, telephone number, and email address.
A declaration that the information provided in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright in question.
We reserve 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 on our Site, Games or Services is infringing, you may be liable to Journey to Impossible Production LLC for certain costs and damages. Please submit all notices of alleged copyright infringement appearing on the Site, in the Games, through the Services or otherwise included in any Content to contact@journeytoimpossible.com
5. Account Creation and Security
You are solely responsible for maintaining the confidentiality, security, and integrity of your account credentials, including your username, password, and any other login information. You agree to take all necessary precautions to protect your account from unauthorized access, including safeguarding your login details and ensuring they are not shared with or disclosed to any third party.
You are also fully responsible for all activities, actions, or transactions conducted through your account, regardless of whether such actions were authorized by you. We strongly recommend using a unique and strong password for your account and updating it regularly to reduce the risk of unauthorized access.
If you suspect or become aware of any unauthorized use of your account, breach of security, or any other suspicious activity related to your account, you must notify us immediately at contact@journeytoimpossible.com. Failure to promptly notify us may result in liability for losses or damages arising from such unauthorized access or use of your account.
We reserve the right to take any necessary actions to secure your account, including suspending or terminating access, in the event of suspected or confirmed unauthorized use or breach of security. However, we are not liable for any loss or damage resulting from your failure to comply with your responsibilities under this section.
6. Intellectual Property
All content within the Game and related Services, including but not limited to designs, environments, characters, gameplay mechanics, visual elements, sound effects, music, narratives, software, trademarks, logos, and any associated intellectual property, is the exclusive property of Journey to Impossible Production LLC ("we," "our," or "us") or its licensors. These materials are protected under applicable intellectual property laws, including copyright, trademark, and trade secret laws, as well as international treaties.
Unauthorized use, reproduction, modification, distribution, or creation of derivative works based on our intellectual property is strictly prohibited without our prior express written consent. This prohibition applies to, but is not limited to:
Reproduction: Copying or duplicating any content from the Game or Services, whether in whole or in part, for any purpose.
Modification: Altering or adapting any elements of the Game or Services, including but not limited to its source code, assets, or proprietary features.
Distribution: Sharing, publishing, or disseminating any content from the Game or Services in any format or medium without authorization.
Derivative Works: Creating, distributing, or commercializing any works that are based on or incorporate our intellectual property, whether in part or in full.
Additionally, all trademarks, service marks, and logos used in connection with the Game and Services are the exclusive property of us or our licensors. You are not granted any rights to use these trademarks, service marks, or logos without prior written authorization.
Any unauthorized use of our intellectual property, including attempts to reverse engineer or decompile any component of the Game or Services, will be considered a violation of these Terms and may result in legal action, including but not limited to damages, injunctions, or termination of access to the Services.
For inquiries regarding intellectual property permissions, please contact us at: contact@journeytoimpossible.com
7. User-Generated Content
You retain full ownership rights to any content you create, submit, or post within the Game or related Services, including but not limited to text, images, videos, in-game captures, in-game achievements, community contributions, or other materials you generate or provide ("User Content").
By submitting or posting User Content, you grant Journey to Impossible Production LLC (“we,” “our,” or “us”) a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, modify, adapt, publish, distribute, publicly perform, and publicly display your User Content in connection with the operation, promotion, marketing, or improvement of the Game and related Services. This license includes, but is not limited to, the right to incorporate your User Content into advertising, promotional materials, and other derivative works, in any media now known or later developed, without further notice, attribution, or compensation to you.
You further acknowledge that we may, but are not obligated to, monitor, review, or remove User Content at our discretion if we determine that it violates these Terms, applicable laws, or any third-party rights, or is otherwise objectionable.
Representation and Warranties
By submitting or posting User Content, you represent and warrant that:
You own or have obtained all necessary rights, licenses, consents, and permissions to grant us the rights to your User Content as outlined in these Terms.
Your User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other proprietary rights of any third party.
Your User Content does not violate any applicable laws, rules, or regulations.
Your User Content is not defamatory, obscene, harassing, discriminatory, or otherwise harmful or unlawful.
You agree to indemnify and hold harmless Journey to Impossible Production LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including reasonable attorney’s fees) arising out of or related to your User Content, including but not limited to claims alleging infringement of intellectual property rights or violation of applicable laws.
By submitting User Content, you understand and agree that the above license is granted to us free of charge, and we are not obligated to use, display, or retain your User Content in any manner.
8. Gameplay and Safety
The Game is intended to provide both entertainment and educational experiences related to space exploration. Please exercise caution while playing, particularly when using virtual reality, to avoid physical discomfort or injury.
Ensure you have sufficient room to move and adhere to all safety instructions provided by your VR equipment manufacturer.
To reduce the risk of injury, discomfort, or property damage, you must carefully review these health and safety guidelines before playing the Game. By accessing and using the Game, you explicitly agree to follow these guidelines and any additional instructions issued by Journey to Impossible Production LLC and the manufacturer of your virtual, augmented, or mixed reality device (collectively referred to as the "Headset").
While interacting with the Game, you may perform physical actions, such as moving your head, arms, or other parts of your body. Ignoring the safety instructions can result in serious injuries, property damage, or even fatalities to yourself or others in your vicinity. Additionally, wearing the Headset significantly restricts or blocks your awareness of your physical surroundings.
Acknowledgment of Risk
By using the Game, you acknowledge and accept the following:You are solely responsible for adhering to these safety guidelines while playing the Game and using the Headset.
You understand that in-game or Headset mechanisms are not a substitute for physical safety.
Any failure to comply with these instructions may lead to injury, property damage, or death, and you accept these risks entirely.
Before Playing the Game
You agree to follow all safety instructions provided by the marketplace, platform, or forum where you accessed the Game, as well as those provided by the Headset manufacturer. Non-compliance may result in harm or property damage. It is your responsibility to locate, read, and fully understand the safety guidelines issued by the Headset manufacturer and any applicable instructions from platforms or marketplaces. Failure to take these precautions could result in injury or damage.
9. Privacy Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your information.
10. Disclaimers
The Services are provided on an "as is" and "as available" basis without any representations or warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade.
We make no guarantees, representations, or warranties that the Services will be uninterrupted, timely, secure, error-free, or free from defects, viruses, or other harmful components or that any errors or defects will be corrected.
Your access to and use of the Services is entirely at your own risk. To the maximum extent permitted by applicable law, we disclaim all liability for any direct, indirect, incidental, consequential, or other damages arising from or related to your use of the Services, including but not limited to damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, even if we have been advised of the possibility of such damages.
By using the Services, you expressly acknowledge and agree that you assume full responsibility for your use of the Services and that your sole and exclusive remedy in the event of any dissatisfaction with the Services is to discontinue their use.
11. Limitation of Liability
To the fullest extent permitted by applicable law:
Exclusion of Certain Damages
We shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.Cap on Liability
Our total cumulative liability for any claims, damages, or losses arising out of or related to your use of the Services, whether in contract, tort, or otherwise, shall not exceed the total amount you have paid to us for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.
12. Termination
We reserve the right to suspend or terminate your access to the Services at our discretion, with or without notice, for any violation of these Terms or other reasons.
Upon termination, your right to use the Services will immediately cease.
13. Governing Law These Terms are governed by and construed in accordance with the laws of State of Texas. Any disputes arising under these Terms will be resolved exclusively in the courts of State of Texas.
14. Contact Us If you have questions about these Terms, please contact us at contact@journeytoimpossible.com.
15. Entire Agreement These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services and supersede any prior agreements.
16. Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
17. Waiver No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.