Terms of Use
IMPORTANT: THESE TERMS OF USE, INCLUDING THE VR GAMES PRIVACY POLICY AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE, CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS AND RESPONSIBILITIES AND VARIOUS LIMITATIONS AND EXCLUSIONS. PLEASE READ THEM CAREFULLY.
1. Terms
Hello from Yumebau Inc.! (“Yumebau”, “we”, “us”, and “our”) We are the small team of developers behind Yumebau’s virtual reality games, including “BuildPort Xumia” (each, a “Game” and collectively, the “Games”)! Please read these Terms of Use ( “Terms”) because they govern your use of each Game and any related services.
By using a Game, you, as the user of a Game (“User”, “you” and “your”), are agreeing to these Terms. If you don’t agree to these Terms, you may not use any of the Games. Yumebau reserves the right to modify these Terms at any time, in which case the updated Terms will supersede prior versions. If we modify these Terms, the updated Terms will be posted on or otherwise made available through the Games or on our website. Please check the posted Terms from time to time to take notice of any modifications we made, as they will be binding on you. If you continue to use any of the Games after we modify the Terms, you are agreeing to the new Terms
1.1 Ownership of the Games
Yumebau and its licensors exclusively own all right, title, and interest in and to the Games, including all associated intellectual property rights. You acknowledge that the Games are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any of the Games.
1.2 Ownership of User-Provided Content
You hereby grant to us a worldwide, transferrable, sublicensable, royalty-free, fully paid, perpetual, irrevocable right and license to host, use, copy, reproduce, distribute, display, perform, make available to the public, transmit, broadcast, publish, process, modify and create derivative works of the content that you generate or otherwise provide on, through or in relation to a Game, and authorize others, including our affiliates and service providers, to do the foregoing. You hereby irrevocably waive any moral rights you have in the content that you generate or otherwise provide and acknowledge that such waiver may be invoked by any person authorized by us. Without limiting the foregoing, we may use the content you generate or otherwise provide, for any purposes not related to a Game, subject to the foregoing license.You may change or withdraw your consent at any time, subject to legal or contractual restrictions andreasonable notice, by contacting our Privacy Officer using the contact information set out below. In somecircumstances, a change or withdrawal of consent may limit our ability to provide our Games to you oryour ability to access certain areas of our Website.
2. Privacy
In providing the Games, we may collect, use, store, disclose, process or otherwise handle your personal information. Our VR Games Privacy Policy, which can be found at http://www.xumia.io/privacy-policy and may be updated from time to time, forms part of these Terms. As the VR Games Privacy Policy describes how we collect and manage personal information, we encourage you to read it and use it to help you make informed decisions.
3. Use of the Games
3.1 Safe and Appropriate Use
While you are using a Game, please be aware of your physical surroundings, and play safely. You agree that your use of a Game is solely at your own risk, and that you will not use any of the Games to violate any applicable laws and regulations.Further, you agree that in conjunction with your use of a Game you will not provide or generate any unlawful, inappropriate, or commercial content. You agree that you will not provide or generate inaccurate, misleading, or inappropriate content, including data submissions, edits, or removal requests.
3.2 Data Requirements
You must be connected to a network to use a Game. We also send a small amount of anonymous interaction data to our servers in order to help us make the experience better for you and others. Please be warned that we can not be responsible for any additional data fees that you might incur while using a Game.
3.3 Conduct, General Prohibitions, and Our Enforcement Rights
Yumebau prohibits any attempts to alter or interfere with the normal behavior or rules of any Game. This may include, but is not limited to, any of the following behavior:
● accessing a Game in an unauthorized manner (including using modified or unofficial third party software);
● collecting, storing or sharing any personal information of other users of a Game without their express permission;
● extracting, scraping, or indexing any part of a Game or content (including information about users or gameplay);
● using a Game, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-Game items or resources for sale outside a Game, (b) performing services in a Game in exchange for payment outside the Game, or (c) selling, reselling, or renting a Game or your Account (as defined below);
● attempting to access, search or download any part of a Game (including any in-Game content) through the use of any technology or means other than those provided by Yumebau or the third party game stores through which we make the Game available (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
● attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide a Game;
● bypassing, removing, deactivating, descrambling, or otherwise circumventing any technological measure implemented by Yumebau or any of Yumebau’s providers or any other third party (including another user) to protect a Game;
● using, displaying, mirroring, or framing a Game or any individual element within a Game, Yumebau’s name, any Yumebau trademark, logo, or other proprietary information, or the design of a Game without Yumebau’s express written consent;
● posting, publishing, generating, submitting, transmitting or otherwise providing any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
● establish a link to Yumebau or a Game in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
● accessing, tampering with, or using nonpublic areas of a Game, Yumebau’s computer systems, or the technical delivery systems of Yumebau’s providers;
● attempting to probe, scan, or test the vulnerability of any Yumebau system or network or services, or breach any security or authentication measures;
● using any meta tags or other hidden text or metadata utilizing a Yumebau trademark, logo, URL, or product name without Yumebau’s express written consent;
● forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use a Game to send altered, deceptive, or false source identifying information;
● interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus or other Malicious Software (as defined below), overloading, flooding, spamming, or mailbombing a Game or related services;
● deleting, obscuring, or in any manner altering any attribution, warning, or link that appears in a Game; or
● violating any applicable law or regulation.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH A GAME, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF A GAME, IS A BREACH OF YUMEBAU’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.Further, you will not use or promote the use of any form of cheats, modifications, exploits, or other unauthorized means to interfere with or gain undue advantage in a Game. You will remove any copies of the Games from any device before you sell, dispose of, transfer, or assign such devices.
3.4 Your Interactions with Other People
You agree that in conjunction with your use of a Game, you will maintain courteous, safe and appropriate contact with other players and other people in the real world. In particular, you will not:
● use a Game to send unsolicited communications, junk mail, spam or other forms of duplicative or unsolicited messages or to send any advertisements, promotions, sales or solicit or encourage any other commercial activities, without our prior written consent;
● use a Game to knowingly post, transmit, upload, generate, link to, send or store: (a) any content that is (or encourages action that is) unlawful, defamatory, sexually explicit, violent, inflammatory, harmful, racist, hateful, threatening, abusive, harassing, exploitive, libelous, obscene, discriminatory or otherwise harmful or objectionable (or take any action that constitutes any of the foregoing) or that contains any material that could give rise to any civil or criminal liability under applicable law (including regulations and court orders) or could violate any contracts or other agreements you are bound by, in each case such determination to be made in our sole discretion, or (b) any viruses, malware, Trojan horses, time bombs or any other similar harmful software (“Malicious Software”);
● involve, provide, or contribute any false, inaccurate, out-of-date, incomplete or misleading information or use a false identity;● impersonate, misrepresent your affiliation with or falsely attribute statements to any person or entity, including us, one of our representatives or another user;
● use a Game to encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of a Game, or which may harm us or users of a Game or expose us or them to liability;
● engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind; or● use or try to use, or encourage or assist others to use or try to use, a Game in violation of these Terms.
You are solely responsible and legally liable (including to any third parties) for all of the content that you provide or generate (including as may have been edited or otherwise modified by us in accordance with these Terms) and your actions when you use a Game.
If you have a dispute with any third party relating to your use of a Game, you release Yumebau (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way relating to such disputes.
We have the right, without provision of notice and without any responsibility or liability to you, to: (a) remove or refuse to post, display, transmit or otherwise make available on or through a Game any content you provide or generate, for any or no reason in our sole discretion; (b) take such actions with respect to (including edits or other modifications of) any content you provide or generate, deemed necessary or appropriate in our sole discretion, including where such content violates these Terms; (c) take appropriate legal action, including referral to law enforcement or a regulatory authority, or notifying the harmed party of any illegal or unauthorized use of a Game (and without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through a Game); and (d) terminate or suspend your access to and use of all or part of a Game for any or no reason, including any violation of these Terms. Notwithstanding the foregoing, we have no obligation nor any responsibility to any party to monitor a Game or the use thereof, and do not undertake and cannot undertake to review any content provided or generated by other users of a Game. We cannot ensure prompt removal of objectionable material after it has been posted and, subject to applicable law, we have no liability for any action or inaction regarding submissions, transmissions, communications, or content provided or generated by any user or third party (including as may be modified, whether or not by us).
Your use of a Game is at your own risk. We assume no responsibility or liability whatsoever to you, or any third party, for any content (including as may be modified, whether or not by us) provided or generated by any third party (including other users of a Game), including the content or accuracy thereof or your use or reliance thereon.
3.5 Eligibility and Accounts
If you wish to use a Game, you will need access to a supported virtual reality headset and an Internet connection. We do not support rooted or jailbroken devices. You are solely responsible for all costs relating the virtual reality headset and your Internet connection and data usage.
In order to use a Game, you may be required to use a valid account through an applicable third-party platform (an "Account"). You agree not to use more than one such Account without our prior written consent. Further, you agree that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Your use of an Account is governed by, and you agree to comply with, the applicable third-party platform provider’s terms and conditions of use and privacy policies applicable thereto. In all events, your only recourse with respect to an Account is to the applicable third-party platform provider.
3.6 Suspension or Termination
We may suspend or terminate your access to and use of any or all of the Games, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of a Game; or (c) we suspect any other unlawful activity associated with your Account.
3.7 Who May Use Our Games
Children under the age of 13 are not allowed to use any of the Games
To the extent purchases can be made through a Game, they are limited to Account holders who are authorized to make in-Game purchases in accordance with the applicable third-party platform provider’s terms and conditions.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YUMEBAU DISCLAIMS ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT
By using a Game, you represent and warrant that your access to or use of a Game does not breach these Terms (for example, your access not been previously disabled, terminated, suspended or revoked).
3.8 Changes, Maintenance and Support
We reserve the right, in our sole discretion, to change, modify, edit, update, substitute, suspend or remove, without notice to you, a Game from time to time. Your access to a Game may also be restricted or limited to allow for repairs, maintenance or the introduction of new functions or features, or for any other reason. We will attempt to restore such access as soon as we reasonably can. We will not be liable if, for any reason, all or any part of a Game is restricted or unavailable to you at any time or for any period. You acknowledge that we have no obligation to provide any maintenance, updates or support for any of the Games, except where required by applicable law.
● Games may include in-Game items and in-Game currency. You acknowledge and agree that:
● in-Game items and in-Game currency have meaning only in the virtual and fictional world of a particular Game;
● in-Game items and in-Game currency have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash;
● you have no ownership or property interest in any of the in-Game items or in-Game currency that we attribute to you or your Account, regardless of any effort, real-world money or other consideration you may have exchanged for access to in-Game items or in-Game currency;
● while we provide you the ability to access and use in-Game items and in-Game currency in a Game, we retain all rights in and to all in- Game items and in-Game currency;
● we may remove or alter any in-Game items or in-Game currency attributed to you or your Account or accessible to you at any time without notice or liability, arising in contract, tort, or otherwise;
● we are not responsible for loss or theft of any in-Game items or in-Game currency; and● we may enable you to trade certain in-Game items or in-Game currency for other in-Game items or in-Game currency as part of gameplay but otherwise, you may not sell, transfer, or offer in-Game items or in-Game currency in exchange for real-world currencies or consideration, whether inside or outside of a Game.
3.10 Content and Data
Following termination of your access to or use of a Game, the content and data in or otherwise associated with you or your Account (including any in-Game accomplishments, in-Game items and in-Game currency, and any content that you provide or generate) may be deleted at any time, without any refund or compensation. Once deleted, such content and data cannot be recovered.
4. The Games
4.1 Purchase of a Game
The Games are distributed and purchased through stores or distribution services offered by third parties, including Meta Platforms, Inc., and you may be required to create an Account or other account with those third parties. Your relationship with those third parties is governed by, and you agree to comply with, their terms and conditions of use and privacy policies applicable thereto. You are solely responsible for the purchase price and any transaction fees, insufficient fund charges or any other fee or charge that is assessed in connection with the distribution and purchase of a Game. To the extent that there is conflict between their terms and these Terms, these Terms will control with respect to each Game and any related services.
4.2 Limited License to Use
Subject to your compliance with these Terms and in consideration of your payment for a Game, Yumebau grants you a limited, nonexclusive, non-transferable, non-sublicensable and revocable license to download and install a copy of the Game on a supported virtual reality headset and to run such copy of the Game solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on any Game or our other services; (b) distribute, transfer, sublicense, lease, lend, or rent any Game to any third party; (c) reverse engineer, decompile, or disassemble any Game; or (d) except for a virtual reality headset that is shared on a personal, non-commercial basis, make the functionality of any Game available to multiple users through any means. Yumebau reserves all rights in and to the Games not expressly granted to you under these Terms.
5. Third Party Services, Websites or Resources
Games may integrate with or rely on third-party services, including Unity Gaming Services. Your use of such services may be subject to the terms and policies of those third parties. We are not responsible for third-party services or their data practices. Yumebau is not responsible for the availability or quality of third party services, including internet and other services. Such third party services may affect your ability to utilize a Game and you hereby waive and release Yumebau and any other party involved in creating or delivering a Game from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.A Game may contain links to third party websites or resources. Yumebau provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.
6. General
6.1 Disclaimer of Warranties
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF A GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF A GAME. YOU UNDERSTAND THAT YUMEBAU DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF A GAME. YUMEBAU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF A GAME. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF A GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF A GAME, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
TO THE FULLEST EXTENT PERMITTED BY LAW, YUMEBAU, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, SUPPLIERS AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “YB PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO ANY OF THE GAMES AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING A GAME OR ANY RELATED SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ANY OF THE GAMES OR ANY RELATED OTHER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, CURRENT, UNINTERRUPTED, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, OR THAT ANY OF THE GAMES OR ANY RELATED SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR MEET YOUR EXPECTATIONS. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT, DATA OR OTHER PROPERTY AS A RESULT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING OF OR ON ANY OF THE GAMES OR ANY RELATED SERVICES OR YOUR DOWNLOADING OF ANY OF THE GAMES, OR INABILITY TO DO ANY OF THE FOREGOING. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY USERS OR THIRD PARTIES AND YOU RELEASE THE YB PARTIES FROM ALL CLAIMS, COMPLAINTS OR CAUSES OF ACTION RELATED TO OR ARISING FROM ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST A USER OR A THIRD PARTY.
6.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE YB PARTIES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE ANY OF THE GAMES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF ANY OF THE GAMES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF ANY OF THE GAMES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE YB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH A GAME OR ANY RELATED SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT ANY EXCLUSIONS OF WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF LIABILITY DO NOT APPLY IN CERTAIN JURISDICTIONS, THE YB PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL THE TOTAL LIABILITY OF THE YB PARTIES TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS ($50).
6.3 Indemnification
You will release, indemnify, defend and hold the YB Parties harmless from and against any claims, actions, liabilities, damages, losses, costs, fees and expenses (including reasonable legal and other professional fees and expenses), arising from or related to: (a) your breach of these Terms; (b) your use of any of the Games or any related services; (c) the content you generate or otherwise provide; (d) your breach of any applicable laws or third party rights such as intellectual property or privacy rights; or (e) your interactions with any other users of a Game or matters which you have expressly agreed to be responsible for under these Terms.
6.4 Entire Agreement, Governing Law, Jurisdiction and Use
These Terms (including the VR Games Privacy Policy) constitute the entire and exclusive understanding and agreement between Yumebau and you regarding each Game and any related services, and these Terms (including the VR Games Privacy Policy) supersede and replace any and all prior oral or written understandings or agreements between Yumebau and you regarding each Game and any related services.
These Terms are governed and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You submit to the exclusive jurisdiction of the courts of British Columbia, Canada and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or the use of a Game or any related services.
Access to a Game or any related services from locations where the Game or those services are illegal is prohibited. It is your responsibility to determine whether your use of a Game or related services is lawful and you must comply with all laws applicable in your jurisdiction. We reserve the right to limit the availability of any part or all of a Game or related services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
You represent and warrant that you are not located and will not use any of the Games in a country that is (a) subject to a Canadian or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. or Canadian Government list of prohibited or restricted parties. You may not export or re-export any of the Games except as authorized by Canadian and United States law and the laws of the jurisdiction(s) in which the applicable Game was obtained.
6.5 Severability and Assignment
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Yumebau’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null- 10 -and void. Yumebau may freely assign or transfer these Terms without restriction and, following such assignment, shall not remain jointly and severally liable under these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.
6.6 Force Majeure
Neither Yumebau, nor any other party involved in creating, producing, or delivering a Game or any related services shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, shortage of adequate power or telecommunications or transportation facilities, work stoppage, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
6.7 Contact Information
If you have any questions about these Terms or a Game, please contact Yumebau at info(at)yumebau(dot)com
EFFECTIVE DATE: March 25, 2025
IMPORTANT: THESE TERMS OF USE, INCLUDING THE VR GAMES PRIVACY POLICY AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE, CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS AND RESPONSIBILITIES AND VARIOUS LIMITATIONS AND EXCLUSIONS. PLEASE READ THEM CAREFULLY.
1. Terms
Hello from Yumebau Inc.! (“Yumebau”, “we”, “us”, and “our”) We are the small team of developers behind Yumebau’s virtual reality games, including “BuildPort Xumia” (each, a “Game” and collectively, the “Games”)! Please read these Terms of Use ( “Terms”) because they govern your use of each Game and any related services.
By using a Game, you, as the user of a Game (“User”, “you” and “your”), are agreeing to these Terms. If you don’t agree to these Terms, you may not use any of the Games. Yumebau reserves the right to modify these Terms at any time, in which case the updated Terms will supersede prior versions. If we modify these Terms, the updated Terms will be posted on or otherwise made available through the Games or on our website. Please check the posted Terms from time to time to take notice of any modifications we made, as they will be binding on you. If you continue to use any of the Games after we modify the Terms, you are agreeing to the new Terms
1.1 Ownership of the Games
Yumebau and its licensors exclusively own all right, title, and interest in and to the Games, including all associated intellectual property rights. You acknowledge that the Games are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any of the Games.
1.2 Ownership of User-Provided Content
You hereby grant to us a worldwide, transferrable, sublicensable, royalty-free, fully paid, perpetual, irrevocable right and license to host, use, copy, reproduce, distribute, display, perform, make available to the public, transmit, broadcast, publish, process, modify and create derivative works of the content that you generate or otherwise provide on, through or in relation to a Game, and authorize others, including our affiliates and service providers, to do the foregoing. You hereby irrevocably waive any moral rights you have in the content that you generate or otherwise provide and acknowledge that such waiver may be invoked by any person authorized by us. Without limiting the foregoing, we may use the content you generate or otherwise provide, for any purposes not related to a Game, subject to the foregoing license.You may change or withdraw your consent at any time, subject to legal or contractual restrictions andreasonable notice, by contacting our Privacy Officer using the contact information set out below. In somecircumstances, a change or withdrawal of consent may limit our ability to provide our Games to you oryour ability to access certain areas of our Website.
2. Privacy
In providing the Games, we may collect, use, store, disclose, process or otherwise handle your personal information. Our VR Games Privacy Policy, which can be found at http://www.xumia.io/privacy-policy and may be updated from time to time, forms part of these Terms. As the VR Games Privacy Policy describes how we collect and manage personal information, we encourage you to read it and use it to help you make informed decisions.
3. Use of the Games
3.1 Safe and Appropriate Use
While you are using a Game, please be aware of your physical surroundings, and play safely. You agree that your use of a Game is solely at your own risk, and that you will not use any of the Games to violate any applicable laws and regulations.Further, you agree that in conjunction with your use of a Game you will not provide or generate any unlawful, inappropriate, or commercial content. You agree that you will not provide or generate inaccurate, misleading, or inappropriate content, including data submissions, edits, or removal requests.
3.2 Data Requirements
You must be connected to a network to use a Game. We also send a small amount of anonymous interaction data to our servers in order to help us make the experience better for you and others. Please be warned that we can not be responsible for any additional data fees that you might incur while using a Game.
3.3 Conduct, General Prohibitions, and Our Enforcement Rights
Yumebau prohibits any attempts to alter or interfere with the normal behavior or rules of any Game. This may include, but is not limited to, any of the following behavior:
● accessing a Game in an unauthorized manner (including using modified or unofficial third party software);
● collecting, storing or sharing any personal information of other users of a Game without their express permission;
● extracting, scraping, or indexing any part of a Game or content (including information about users or gameplay);
● using a Game, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-Game items or resources for sale outside a Game, (b) performing services in a Game in exchange for payment outside the Game, or (c) selling, reselling, or renting a Game or your Account (as defined below);
● attempting to access, search or download any part of a Game (including any in-Game content) through the use of any technology or means other than those provided by Yumebau or the third party game stores through which we make the Game available (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
● attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide a Game;
● bypassing, removing, deactivating, descrambling, or otherwise circumventing any technological measure implemented by Yumebau or any of Yumebau’s providers or any other third party (including another user) to protect a Game;
● using, displaying, mirroring, or framing a Game or any individual element within a Game, Yumebau’s name, any Yumebau trademark, logo, or other proprietary information, or the design of a Game without Yumebau’s express written consent;
● posting, publishing, generating, submitting, transmitting or otherwise providing any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
● establish a link to Yumebau or a Game in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
● accessing, tampering with, or using nonpublic areas of a Game, Yumebau’s computer systems, or the technical delivery systems of Yumebau’s providers;
● attempting to probe, scan, or test the vulnerability of any Yumebau system or network or services, or breach any security or authentication measures;
● using any meta tags or other hidden text or metadata utilizing a Yumebau trademark, logo, URL, or product name without Yumebau’s express written consent;
● forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use a Game to send altered, deceptive, or false source identifying information;
● interfering with, or attempting to interfere with, the access of any user, host, or network, including, without limitation, sending a virus or other Malicious Software (as defined below), overloading, flooding, spamming, or mailbombing a Game or related services;
● deleting, obscuring, or in any manner altering any attribution, warning, or link that appears in a Game; or
● violating any applicable law or regulation.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH A GAME, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF A GAME, IS A BREACH OF YUMEBAU’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.Further, you will not use or promote the use of any form of cheats, modifications, exploits, or other unauthorized means to interfere with or gain undue advantage in a Game. You will remove any copies of the Games from any device before you sell, dispose of, transfer, or assign such devices.
3.4 Your Interactions with Other People
You agree that in conjunction with your use of a Game, you will maintain courteous, safe and appropriate contact with other players and other people in the real world. In particular, you will not:
● use a Game to send unsolicited communications, junk mail, spam or other forms of duplicative or unsolicited messages or to send any advertisements, promotions, sales or solicit or encourage any other commercial activities, without our prior written consent;
● use a Game to knowingly post, transmit, upload, generate, link to, send or store: (a) any content that is (or encourages action that is) unlawful, defamatory, sexually explicit, violent, inflammatory, harmful, racist, hateful, threatening, abusive, harassing, exploitive, libelous, obscene, discriminatory or otherwise harmful or objectionable (or take any action that constitutes any of the foregoing) or that contains any material that could give rise to any civil or criminal liability under applicable law (including regulations and court orders) or could violate any contracts or other agreements you are bound by, in each case such determination to be made in our sole discretion, or (b) any viruses, malware, Trojan horses, time bombs or any other similar harmful software (“Malicious Software”);
● involve, provide, or contribute any false, inaccurate, out-of-date, incomplete or misleading information or use a false identity;● impersonate, misrepresent your affiliation with or falsely attribute statements to any person or entity, including us, one of our representatives or another user;
● use a Game to encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of a Game, or which may harm us or users of a Game or expose us or them to liability;
● engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind; or● use or try to use, or encourage or assist others to use or try to use, a Game in violation of these Terms.
You are solely responsible and legally liable (including to any third parties) for all of the content that you provide or generate (including as may have been edited or otherwise modified by us in accordance with these Terms) and your actions when you use a Game.
If you have a dispute with any third party relating to your use of a Game, you release Yumebau (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way relating to such disputes.
We have the right, without provision of notice and without any responsibility or liability to you, to: (a) remove or refuse to post, display, transmit or otherwise make available on or through a Game any content you provide or generate, for any or no reason in our sole discretion; (b) take such actions with respect to (including edits or other modifications of) any content you provide or generate, deemed necessary or appropriate in our sole discretion, including where such content violates these Terms; (c) take appropriate legal action, including referral to law enforcement or a regulatory authority, or notifying the harmed party of any illegal or unauthorized use of a Game (and without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through a Game); and (d) terminate or suspend your access to and use of all or part of a Game for any or no reason, including any violation of these Terms. Notwithstanding the foregoing, we have no obligation nor any responsibility to any party to monitor a Game or the use thereof, and do not undertake and cannot undertake to review any content provided or generated by other users of a Game. We cannot ensure prompt removal of objectionable material after it has been posted and, subject to applicable law, we have no liability for any action or inaction regarding submissions, transmissions, communications, or content provided or generated by any user or third party (including as may be modified, whether or not by us).
Your use of a Game is at your own risk. We assume no responsibility or liability whatsoever to you, or any third party, for any content (including as may be modified, whether or not by us) provided or generated by any third party (including other users of a Game), including the content or accuracy thereof or your use or reliance thereon.
3.5 Eligibility and Accounts
If you wish to use a Game, you will need access to a supported virtual reality headset and an Internet connection. We do not support rooted or jailbroken devices. You are solely responsible for all costs relating the virtual reality headset and your Internet connection and data usage.
In order to use a Game, you may be required to use a valid account through an applicable third-party platform (an "Account"). You agree not to use more than one such Account without our prior written consent. Further, you agree that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Your use of an Account is governed by, and you agree to comply with, the applicable third-party platform provider’s terms and conditions of use and privacy policies applicable thereto. In all events, your only recourse with respect to an Account is to the applicable third-party platform provider.
3.6 Suspension or Termination
We may suspend or terminate your access to and use of any or all of the Games, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of a Game; or (c) we suspect any other unlawful activity associated with your Account.
3.7 Who May Use Our Games
Children under the age of 13 are not allowed to use any of the Games
To the extent purchases can be made through a Game, they are limited to Account holders who are authorized to make in-Game purchases in accordance with the applicable third-party platform provider’s terms and conditions.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YUMEBAU DISCLAIMS ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT
By using a Game, you represent and warrant that your access to or use of a Game does not breach these Terms (for example, your access not been previously disabled, terminated, suspended or revoked).
3.8 Changes, Maintenance and Support
We reserve the right, in our sole discretion, to change, modify, edit, update, substitute, suspend or remove, without notice to you, a Game from time to time. Your access to a Game may also be restricted or limited to allow for repairs, maintenance or the introduction of new functions or features, or for any other reason. We will attempt to restore such access as soon as we reasonably can. We will not be liable if, for any reason, all or any part of a Game is restricted or unavailable to you at any time or for any period. You acknowledge that we have no obligation to provide any maintenance, updates or support for any of the Games, except where required by applicable law.
● Games may include in-Game items and in-Game currency. You acknowledge and agree that:
● in-Game items and in-Game currency have meaning only in the virtual and fictional world of a particular Game;
● in-Game items and in-Game currency have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash;
● you have no ownership or property interest in any of the in-Game items or in-Game currency that we attribute to you or your Account, regardless of any effort, real-world money or other consideration you may have exchanged for access to in-Game items or in-Game currency;
● while we provide you the ability to access and use in-Game items and in-Game currency in a Game, we retain all rights in and to all in- Game items and in-Game currency;
● we may remove or alter any in-Game items or in-Game currency attributed to you or your Account or accessible to you at any time without notice or liability, arising in contract, tort, or otherwise;
● we are not responsible for loss or theft of any in-Game items or in-Game currency; and● we may enable you to trade certain in-Game items or in-Game currency for other in-Game items or in-Game currency as part of gameplay but otherwise, you may not sell, transfer, or offer in-Game items or in-Game currency in exchange for real-world currencies or consideration, whether inside or outside of a Game.
3.10 Content and Data
Following termination of your access to or use of a Game, the content and data in or otherwise associated with you or your Account (including any in-Game accomplishments, in-Game items and in-Game currency, and any content that you provide or generate) may be deleted at any time, without any refund or compensation. Once deleted, such content and data cannot be recovered.
4. The Games
4.1 Purchase of a Game
The Games are distributed and purchased through stores or distribution services offered by third parties, including Meta Platforms, Inc., and you may be required to create an Account or other account with those third parties. Your relationship with those third parties is governed by, and you agree to comply with, their terms and conditions of use and privacy policies applicable thereto. You are solely responsible for the purchase price and any transaction fees, insufficient fund charges or any other fee or charge that is assessed in connection with the distribution and purchase of a Game. To the extent that there is conflict between their terms and these Terms, these Terms will control with respect to each Game and any related services.
4.2 Limited License to Use
Subject to your compliance with these Terms and in consideration of your payment for a Game, Yumebau grants you a limited, nonexclusive, non-transferable, non-sublicensable and revocable license to download and install a copy of the Game on a supported virtual reality headset and to run such copy of the Game solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on any Game or our other services; (b) distribute, transfer, sublicense, lease, lend, or rent any Game to any third party; (c) reverse engineer, decompile, or disassemble any Game; or (d) except for a virtual reality headset that is shared on a personal, non-commercial basis, make the functionality of any Game available to multiple users through any means. Yumebau reserves all rights in and to the Games not expressly granted to you under these Terms.
5. Third Party Services, Websites or Resources
Games may integrate with or rely on third-party services, including Unity Gaming Services. Your use of such services may be subject to the terms and policies of those third parties. We are not responsible for third-party services or their data practices. Yumebau is not responsible for the availability or quality of third party services, including internet and other services. Such third party services may affect your ability to utilize a Game and you hereby waive and release Yumebau and any other party involved in creating or delivering a Game from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.A Game may contain links to third party websites or resources. Yumebau provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.
6. General
6.1 Disclaimer of Warranties
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF A GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF A GAME. YOU UNDERSTAND THAT YUMEBAU DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF A GAME. YUMEBAU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF A GAME. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF A GAME AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF A GAME, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
TO THE FULLEST EXTENT PERMITTED BY LAW, YUMEBAU, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, SUPPLIERS AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “YB PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO ANY OF THE GAMES AND ANY RELATED SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING A GAME OR ANY RELATED SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ANY OF THE GAMES OR ANY RELATED OTHER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, CURRENT, UNINTERRUPTED, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, OR THAT ANY OF THE GAMES OR ANY RELATED SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR MEET YOUR EXPECTATIONS. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT, DATA OR OTHER PROPERTY AS A RESULT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING OF OR ON ANY OF THE GAMES OR ANY RELATED SERVICES OR YOUR DOWNLOADING OF ANY OF THE GAMES, OR INABILITY TO DO ANY OF THE FOREGOING. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY USERS OR THIRD PARTIES AND YOU RELEASE THE YB PARTIES FROM ALL CLAIMS, COMPLAINTS OR CAUSES OF ACTION RELATED TO OR ARISING FROM ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST A USER OR A THIRD PARTY.
6.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE YB PARTIES WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE ANY OF THE GAMES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF ANY OF THE GAMES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF ANY OF THE GAMES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE YB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH A GAME OR ANY RELATED SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GAME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE EXTENT THAT ANY EXCLUSIONS OF WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF LIABILITY DO NOT APPLY IN CERTAIN JURISDICTIONS, THE YB PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL THE TOTAL LIABILITY OF THE YB PARTIES TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS ($50).
6.3 Indemnification
You will release, indemnify, defend and hold the YB Parties harmless from and against any claims, actions, liabilities, damages, losses, costs, fees and expenses (including reasonable legal and other professional fees and expenses), arising from or related to: (a) your breach of these Terms; (b) your use of any of the Games or any related services; (c) the content you generate or otherwise provide; (d) your breach of any applicable laws or third party rights such as intellectual property or privacy rights; or (e) your interactions with any other users of a Game or matters which you have expressly agreed to be responsible for under these Terms.
6.4 Entire Agreement, Governing Law, Jurisdiction and Use
These Terms (including the VR Games Privacy Policy) constitute the entire and exclusive understanding and agreement between Yumebau and you regarding each Game and any related services, and these Terms (including the VR Games Privacy Policy) supersede and replace any and all prior oral or written understandings or agreements between Yumebau and you regarding each Game and any related services.
These Terms are governed and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You submit to the exclusive jurisdiction of the courts of British Columbia, Canada and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or the use of a Game or any related services.
Access to a Game or any related services from locations where the Game or those services are illegal is prohibited. It is your responsibility to determine whether your use of a Game or related services is lawful and you must comply with all laws applicable in your jurisdiction. We reserve the right to limit the availability of any part or all of a Game or related services to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
You represent and warrant that you are not located and will not use any of the Games in a country that is (a) subject to a Canadian or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. or Canadian Government list of prohibited or restricted parties. You may not export or re-export any of the Games except as authorized by Canadian and United States law and the laws of the jurisdiction(s) in which the applicable Game was obtained.
6.5 Severability and Assignment
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Yumebau’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null- 10 -and void. Yumebau may freely assign or transfer these Terms without restriction and, following such assignment, shall not remain jointly and severally liable under these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.
6.6 Force Majeure
Neither Yumebau, nor any other party involved in creating, producing, or delivering a Game or any related services shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, shortage of adequate power or telecommunications or transportation facilities, work stoppage, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
6.7 Contact Information
If you have any questions about these Terms or a Game, please contact Yumebau at info(at)yumebau(dot)com
EFFECTIVE DATE: March 25, 2025