End User License Agreement

Terms of Service

 

1. Terms

Hello from Yumebau Inc.! (“Yumebau”) We are the small team of the developers behind the application called YumeGo that you are holding in your hands (the “App”)! Our vision is that through this simple App, anyone with a mobile device will be able to find and interact with enriching interactive augmented reality (“AR”)  experiences all around them. We are developing our own AR content (“First Party Content”). We are also partnering with museums and companies, as well as individual designers and artists to create Third Party Content for our App (“Third Party Content”). First Party Content and Third Party Content together, heretofore referred to as Content (“Content”), are downloadable to the App from the YumeGo Management System (“YMS”) our cloud-based Content management platform (the “Platform”). Please read these Yumebau Terms of Service because the Terms govern your use of the Apps, Content and Platform (together with Apps, Content and Platform, the “Services”).

If you the User of our Services (the “User”) live in Canada or the United States, these Terms are entered into between you and Yumebau Inc., Vancouver, CANADA. By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. Yumebau Inc. reserves the right to modify these Terms at any time. 

1.1 First Party Content Ownership

Yumebau Inc. claims ownership rights over First Party Content. Yumebau Inc. and its licensors exclusively own all right, title, and interest in and to the Services and First Party Content, including all associated intellectual property rights. The User acknowledges that the Services and First Party Content are protected by copyright, trademark, and other laws of Canada, United States and foreign countries. The User agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or First Party Content.

1.2 Third Party Content Ownership

Yumebau Inc. does not claim ownership rights over Third Party Content. Subject to the foregoing, Yumebau Inc.’s partners and clients exclusively own all right, title, and interest in and to the Third Party Content, including all associated intellectual property rights. The User acknowledges that the Services and Third Party Content are protected by copyright, trademark, and other laws of Canada, United States and foreign countries. The User agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Third Party Content.

2. Privacy

Our Services are designed to enable the User to interact with passive AR content as well as interactive AR video game Content in the real world using the Global Positioning System (“GPS”) sensors on the User’s personal mobile devices. We allow Users to access our Content anonymously. Since some of our Contents are gamified, the User’s experience is improved by tracking their game progress and inventory. In order to do this we allow the User to create an account using a personal email, or to log in using 3rd party logins on platforms such as Google and Facebook. We do not use or keep any personal data from those 3rd party platforms. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you use our Services.

3. Use of the Services

3.1  Safe and Appropriate Use

While you are using the Services, please be aware of your physical surroundings, and play safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable laws and regulations.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.

3.2 Conduct, General Prohibitions, and Yumebau’s Enforcement Rights

Yumebau prohibits any attempts to alter or interfere with the normal behavior or rules of our Service. This may include, but is not limited to any of the following behavior:

  • Accessing our Services in an unauthorized manner (including using modified or unofficial third party software); Using techniques to alter or falsify a device’s location (for example through GPS spoofing)
  • collect, store or share any personally identifiable information of other users from the Services without their express permission;
  • extract, scrape, or index the Services or Content (including information about users or gameplay);
  • use the Services or Content, 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-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by Yumebau or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
  • bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Yumebau or any of Yumebau’s providers or any other third party (including another user) to protect the Services or Content;
  • use, display, mirror, or frame the Services or any individual element within the Services, Yumebau’s name, any Yumebau trademark, logo, or other proprietary information, or the layout and design of any page or App without Yumebau’s express written consent;
  • post, publish, submit or transmit 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;
  • access, tamper with, or use nonpublic areas of the Services, Yumebau’s computer systems, or the technical delivery systems of Yumebau’s providers;
  • attempt to probe, scan, or test the vulnerability of any Yumebau system or network or Service, or breach any security or authentication measures;
  • use any meta tags or other hidden text or metadata utilizing a Yumebau trademark, logo, URL, or product name without Yumebau’s express written consent;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source identifying information;
  • interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
  • delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;

violate any applicable law or regulation; or 

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF YUMEBAU’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

3.3 Your Interactions with Other People

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, 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 connected with such disputes.

3.4 Eligibility and Account Registration

If you want to use our Services, you will need access to a supported mobile phone and an Internet connection. We do not support rooted or jailbroken devices. The experience of some of our Content may also require the User to  create an account with us (an "Account"). You can create an Account using (a) your pre-existing Google account; (b) your pre-existing Facebook account, or (c) such other third-party accounts that we support, as selected by you on the App account creation screen. You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. Yumebau takes its account security obligations seriously; however, you are responsible for all activities that occur under your Account, whether or not you know about them.

3.5 Account Suspension or Termination

We may suspend or terminate your access to and use of the Services, 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 Content or Services; or (c) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the Services or in the App prior to termination of your Account.

3.6 Who May Use Our Services

As a general rule, children are not allowed to use the Services. A "Child" is a person (a) under 13 years old (for residents outside of the EEA); or (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA). 

We require parental consent for those Services that Children may use. Parents or legal guardians ("Parents") can provide and verify their consent through the Yumebau Kids Parent Portal, or through another authorized third-party provider made available through the Service. Where Parental consent is required, Yumebau recommends that Parents monitor the Child’s online activity and use of the Service.

Purchases made through the Services are limited to Account holders who either (a) are the age needed to consent to a contract in their country of residence; or (b) if younger, have the consent of a Parent to use the Service. Parents can consult the iOS or Google Play settings for the App to restrict in-App purchases by a Child, and should also monitor activity in their Child’s Account, including the purchase of Virtual Money or Virtual Goods.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Yumebau DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

4. Limited License to Use

Subject to your compliance with these Terms, Yumebau grants you a limited, nonexclusive, non-transferable, non-sublicenseable license to download and install a copy of the Apps on a mobile device and to run such copy of the Apps to interact with the Contents via our Platform 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 the Apps, the Content, and the Platform ; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps, the Content, and the Platform to any third party; (c) reverse engineer, decompile, or disassemble the Apps, the Content, and the Platform; or (d) make the functionality of the Apps available to multiple users through any means. Yumebau reserves all rights in and to the Apps not expressly granted to you under these Terms.

5. Third Party Websites or Resources

Services 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.

Yumebau is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services and you hereby waive and release Yumebau and any other party involved in creating or delivering the Services 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.

6. General

6.1 Disclaimer of Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT YUMEBAU DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. YUMEBAU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

6.2 Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER YUMEBAU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY 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 THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YUMEBAU HAS 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. 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.

6.3 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Yumebau and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Yumebau and you regarding the Services and Content.

6.4 Severability

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. Yumebau may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

6.5 Force Majeure

Neither Yumebau, any user, nor any other party involved in creating, producing, or delivering the Services or Content 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, governmental order or regulation, trade dispute,or any other cause beyond its respective control.

6.6 Governing Law

These Terms shall be interpreted only in accordance with the laws of the province of British Columbia, Canada and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. 

6.7 Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND PREVENTS YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. Subject as set out below, any dispute, claim, or controversy arising out of or related to these Terms and the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these to arbitrate, will be referred to and finally resolved by arbitration.

Notwithstanding the preceding sentence, neither Yumebau nor you are required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. The Federal Court of Canada and the Supreme Court  of British Columbia, Vancouver Registry, and any courts which may hear appeals from those courts, will have exclusive jurisdiction over any suit not subject to arbitration.  You and Yumebau will (a) notify each other of any dispute within 30 days of when it arises and (b) attempt informal resolution prior to any demand for arbitration. Arbitration will be administered by the British Columbia International Commercial Arbitration Centre (“BCICAC”) (or its successor) pursuant to its Domestic Commercial Arbitration Rules of Procedure, and conducted by a single arbitrator in Vancouver, British Columbia, Canada, unless the arbitrator determines differently. The appointing authority will be the BCICAC.  The language of the arbitration will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in Court.  Whether the dispute is heard in arbitration or in Court, you will not commence a class action, class arbitration or other representative action or proceeding against Yumebau.

6.8 Contact Information

If you have any questions about these Terms or the Services, please contact Yumebau at info(at)yumebau(dot)com

 1090 West Georgia St., Vancouver, Canada

Copyright © YumeBau Inc 2019