Privacy & EULA
SoundSelf: A Technodelic (“Game”)
Copyright (c) 2020 Andromeda Entertainment, Limited
Publisher, Andromeda Entertainment, Limited (“Andromeda” or “Developer”) ("us", "we", or "our")
Last Updated January 18, 2021
This document consists of two parts. By accepting this document, you acknowledge having read and understood the contents of both. The first part details the personal data that is collected by Andromeda for the purpose of making the game available to you, and how this data is used. The second part contains the full End-User License Agreement, which covers some additional topics.
PRIVACY AND DATA COLLECTION POLICY
Personal Data means data about an individual who can be identified from such data (or from such data and other information either in our possession or likely to come into our possession).
Usage Data means data collected automatically, either generated by the use of the Platform Holder (defined below), from the Platform Holder infrastructure itself (for example, scores and achievements) or from the Services.
Cookies means small files stored on your device (computer or mobile device) which track your browsing activity.
Developer Partners or Platform Holder shall mean Valve, Oculus, and Viveport as applicable (each a “Platform” hereunder).
Types of Data we Collect and Use
When you use the Services, Andromeda collects information about your device such as the Universal Unique Identifier (UUID), platform ID, profile/screen name; Game history as persistent identifiers in connection with your achievements. Such data is saved to your device and possibly any external hardware you may utilize and is transmitted to Andromeda and Developer Partners.
In general, we receive and collect all information you provide via the Services, including through website input fields, phone, email (including email campaigns), web chat, or in other such ways. This includes Personal Data that can identify or relates to you, including but not limited to your first and last name, telephone number, IP, postal, voice samples and biometric data (including without limitation, breath frequency which may be derived from the rhythm of your voice), facial image, and email addresses. You have the choice on what information to share and the services you want to engage. You can choose not to provide information to us, but in general some information about you is required in order for you to access certain functionality of the Services, such as those mentioned above or for tracking your preferences, subscribing to a newsletter, or initiating other such actions.
We also may periodically obtain information about you from affiliated entities, partners and other independent third-party sources and will add it to our database of information. For example, we may receive information about you from our Developer Partners.
When you use the Services, Andromeda collects non-personally identifiable player information such as achievements and device type, Such information may be stored on your device, and retained by the Platform Holder and by Andromeda and Developer Partners.
Tracking Cookies Data
Use of Data
When you post a message in a Andromeda discussion site, forum, chat room, review, or customer feedback, the information you post may be accessible to other users of the Services and the public. If you post Personal Data anywhere on the Services that is accessible to other users or the public, you are advised that such Personal Data can be read, collected, used, or disseminated by others and could be used to send you unsolicited information or for other purposes. Accordingly, you assume full responsibility for posting such information and agree that Andromeda is not responsible in any way for Personal Data you choose to post in these public areas.
In addition, we may record your voice for in-Game playback for you or other users of the Game or Service.
We may publish, share, distribute, or disclose Personal Data that has been aggregated with information from other users or otherwise de-identified in a manner that does not allow such data about you to be separated from the aggregate data and identified as originating from you, to third parties, including Andromeda partners, sponsors, and advertisers. Such information may help Andromeda identify and analyze training, demographic, and psychographic trends and information, and report to third parties how many people saw, visited, or clicked on certain content, areas of the Services, ads, or other materials. We may also use such data for research purposes.
Transfer of Data
Personal Data and Usage Data is transmitted to Developer and Platform Holders for the purposes of saving games and to servers maintained by Developer and Developer Partners for achievements, as may be applicable.
Disclosure to Third Parties
We share your information with our partners, service providers, research partners, contractors, agents and third party vendors as needed to fulfill Services. Personal Data is transmitted to servers maintained by Andromeda and Developer Partners for achievements, as may be applicable.
We also may share your information:
Other than as set out above, we will attempt to notify you when your Personal Data will be shared with third parties.
Security of Data
Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA).
We do not track users of the Game. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please e-mail us or write to us at the addresses below.
The Services are not directed to children, and you may not use the Services or provide any personal information to Andromeda if you are under the age of 13 or if you are not old enough to consent to the processing of your personal information in your country.
If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to cease such collection of Personal Data and to delete any that has been collected by us or Developer Partners.
To whatever extent a minor may contact us via email regarding a support issue, that issue would be handled as all support requests are for all users of the Game. Any related correspondence will be deleted and/or depersonalized upon request of a parent or guardian.
• By email: email@example.com
• Write to us Andromeda Entertainment, Limited, Attn: Privacy Dept., 902 W. 30th St.,
Austin, TX 78705.
Depending on where you are located, you may also have a right to complain to your local data protection regulator.
END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. IF YOU HAVE FEEDBACK ON THIS AGREEMENT, PLEASE EMAIL US AT PRIVACY@ENTERANDROMEDA.COM .
1. LICENSE; COMMUNICATIONS
By receiving, opening the file package containing this software, and/or using SoundSelf: A Technodelic (“SoundSelf” or "Software"), you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. If you do not agree to this EULA, you must not receive, open and/or use SoundSelf. You agree to abide by the intellectual property laws and all of the terms and conditions of this EULA.
Subject to the terms of this EULA, Andromeda grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use SoundSelf in accordance with this EULA and any other written agreement with Andromeda does not transfer the title of SoundSelf to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Andromeda and the licensor and/or users of SoundSelf.
If you do not agree to be bound by this EULA, you are not authorized to use SoundSelf in any way and must remove SoundSelf from your device(s).
For the purposes hereof, Communications means any communications that may include, without limitation, text and other written content, language, voice, audio and spoken content, and facial expressions, physical gestures, visual aids, and video content (“Communications”). In addition, we may ask you to share a web applet with your friends, family members or other SoundSelf users to capture such friends, family members or other SoundSelf users Communications for playback in your gameplay. You hereby grant to Andromeda a perpetual, non-exclusive, transferable, sublicensable, royalty free license to use the Communications to provide SoundSelf to you, which may include without limitation use of such Communications during your gameplay or the gameplay of other SoundSelf users. Additionally, you hereby grant to Andromeda a perpetual, non-exclusive, transferable, sublicensable, royalty free license to use such Communications to create, extract or otherwise generate, compile, synthesize and analyze such Communications in order to monitor and improve SoundSelf, including without limitation to improve SoundSelf’s capabilities, (“Blind Data”) and to use such Blind Data for any lawful business purpose; provided that such Blind Data will not contain personally identifiable information or identify you as the source of such data. Andromeda will not sell Communications to third parties for marketing purposes. Notwithstanding anything in this EULA to the contrary, to the extent that Andromeda collects or generates Blind Data, you hereby grant Andromeda a perpetual, non-exclusive, transferable, sublicensable, royalty free, fully paid up license to use such Blind Data for any lawful business purpose.
SoundSelf and the license herein granted shall not be copied, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.
3. USER AGREEMENT
Your license to use SoundSelf is limited to the number of licenses purchased by you. You shall not make or make available additional copies of SoundSelf to allow others to use, copy, evaluate, or otherwise use SoundSelf except in the manner permitted under this agreement.
3.1.1 Use Restrictions
You shall use SoundSelf in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribute SoundSelf together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
The assignment, sublicense, networking, sale, or distribution of copies of SoundSelf are strictly forbidden without the prior written consent of Andromeda. It is a violation of this EULA, and may be a violation of applicable laws to assign, sell, loan, rent, lease, borrow, network or transfer the use of SoundSelf.
Users who have gained access to SoundSelf by means of the “Steam Family Library Sharing” feature (a “Shared User”) are also subject to the terms of this EULA. The user who uses the “Steam Family Library Sharing” feature to provide access to the Shared User(s) (“Sharer”) acknowledges that the Shared User(s) and Sharer share a single license to use SoundSelf as described above and that any restrictions or punitive measures taken against a Shared User or Sharer will affect the Sharer and all Shared User(s) that use this license.
3.2 Copyright Restriction
SoundSelf contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile SoundSelf without the express permission and approval of Andromeda, You may not create any derivative works or other works that are based upon or derived from SoundSelf in whole or in part without the express permission of Andromeda.
Andromeda and its licensors, as may be applicable, retain sole and exclusive ownership of all right, title and interest in and to SoundSelf and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of SoundSelf, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as may be otherwise set forth in this license. All rights not expressly granted hereunder are reserved for Andromeda.
3.3 Conditional Usage Permission
Notwithstanding the foregoing, users may incorporate visual elements and footage from SoundSelf in non-commercial, user-created content that references SoundSelf, and may make this content available through third-party websites and platforms under the conditions that:
• a copyright notice is provided as follows “© 2020 Andromeda Entertainment Ltd.”
• none of this content is deemed inappropriate or offensive in any way at Andromeda’s sole discretion
• content is not presented as being created, sanctioned, approved, or otherwise condoned by Andromeda.
Andromeda gives you permission to monetize their compliant user-created videos via the YouTube Partner program and similar programs on other video sharing sites.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Andromeda, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of SoundSelf.
In no event (including, without limitation, in the event of negligence) will Andromeda, its employees, agents or distributors be liable for any consequential, incidental, indirect, special, exemplary or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this EULA, SoundSelf or the use or inability to use SoundSelf or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Under no circumstances will Andromeda provide a reimbursement of the purchase price of SoundSelf. Reimbursement of the purchase price of SoundSelf can only be obtained from the party who provided you with this product, and is subject to the terms and conditions of such party.
Except as expressly stated in writing, Andromeda makes no representation or warranties in respect of SoundSelf and expressly excludes all other warranties, express or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of Texas, as if performed wholly within the state and without giving effect to the principles of conflict of law rules of any jurisdiction. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the State of Texas therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this EULA and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this EULA. Upon termination of this EULA for any reason, you agree to immediately cease use of SoundSelf and destroy all copies of SoundSelf supplied under this EULA. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
SOUNDSELF AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SOUNDSELF AS WELL.
5. HEALTH WARNING
If you suffer from any condition such as epilepsy, migraine headaches, seizures, PTSD, anxiety any other photosensitive or sound sensitive condition that may be triggered by strobes and otherwise intense visual and sonically stimulating environment, we strongly advise that you do not use or otherwise experience SoundSelf prior to consulting your doctor. If you experience any of the following symptoms while SoundSelf – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – IMMEDIATELY discontinue use and consult your doctor. Do not operate heavy machinery or a motor vehicle within 30 minutes of experiencing SoundSelf. And remember, you can exit the experience at any time.
Before using a VR headset, read the health and safety warnings in the VR headset instruction manual. Carefully follow all instructions for setup and use. The VR headset is not for use by children under age 12. Review surroundings and clear obstacles before use. Take steps to prevent pets, children or other obstacles entering the area during use. Some people may experience motion sickness, nausea, disorientation, blurred vision or other discomfort while viewing virtual reality content. If you experience any of these symptoms, stop using immediately and remove the VR headset.
6. ACKNOWLEDGMENT OF USE OF DATA