Music Parkour End User License Agreement (EULA)
This End User License Agreement (hereinafter referred to as the "Agreement" or "EULA") is a legally binding contract made and entered into as of the date of your acceptance (the "Effective Date"), by and between you, whether as an individual or an entity (the "User" or "You") and LISCINTEC GmbH, a company incorporated and existing under the laws of Germany, having its principal place of business in 53125 Bonn (hereinafter referred to as "LISCINTEC", "We", "Us", or "Our").
This Agreement governs your use of "Music Parkour", a virtual reality game, as well as its related software, network services, applications, updates, websites, tools, features, blockchain tokens, related documentation, and all other associated materials or content.
PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE GAME. BY CLICKING THE "I ACCEPT" BUTTON, OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE GAME, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL, ACCESS, OR USE THE GAME IN ANY MANNER OR FORM WHATSOEVER.
This Agreement governs your use of "Music Parkour", a virtual reality game, as well as its related software, network services, applications, updates, websites, tools, features, blockchain tokens, related documentation, and all other associated materials or content.
PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE GAME. BY CLICKING THE "I ACCEPT" BUTTON, OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE GAME, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL, ACCESS, OR USE THE GAME IN ANY MANNER OR FORM WHATSOEVER.
I. INTRODUCTION AND ACCEPTANCE
A. Overview of Music Parkour
Music Parkour is a virtual reality (VR) rhythm game, developed and operated by LISCINTEC GmbH, a company incorporated in Bonn, Germany. In the game, players navigate through obstacles courses, overcome hurdles, and strike down objects to the rhythm of the beat.
B. Acknowledgement and Acceptance of EULA
By downloading, installing, or using Music Parkour, you agree to be bound by this End User License Agreement (EULA), which forms a legally binding contract between you and LISCINTEC GmbH. If you do not agree with the terms of this EULA, you must not download, install, access, or use Music Parkour.
C. Legal Age and Other Requirements for Users
You must be at least 18 years of age to accept and adhere to this EULA. If you are a minor, your parent or guardian must review and accept this EULA on your behalf.
Music Parkour is a virtual reality (VR) rhythm game, developed and operated by LISCINTEC GmbH, a company incorporated in Bonn, Germany. In the game, players navigate through obstacles courses, overcome hurdles, and strike down objects to the rhythm of the beat.
B. Acknowledgement and Acceptance of EULA
By downloading, installing, or using Music Parkour, you agree to be bound by this End User License Agreement (EULA), which forms a legally binding contract between you and LISCINTEC GmbH. If you do not agree with the terms of this EULA, you must not download, install, access, or use Music Parkour.
C. Legal Age and Other Requirements for Users
You must be at least 18 years of age to accept and adhere to this EULA. If you are a minor, your parent or guardian must review and accept this EULA on your behalf.
II. DEFINITIONS
In this End User License Agreement ("EULA" or "Agreement"), the following definitions apply:
A. General Terms
1. "Agreement" or "EULA" refers to this legally binding contract, comprising all its attendant terms, conditions, duties, liabilities, and obligations.
2. "Users" or "Players" means any individual, company, firm, or other entity that engages with, plays, or utilizes the Game.
3. "Game" or "Music Parkour" denotes the virtual reality game created by LISCINTEC, including all it's functions, parts, and services.
4. "User-Generated Content" or "UGC" signifies any data or content created, submitted, uploaded, or disseminated by Users within the Game, including but not limited to parkour courses, musical tracks, and virtual environments.
B. Specific Terms Related to Game Mechanics
1. "BEAT" refers to the in-game currency of the Game.
2. "Game License" refers to an access token, inseparably linked to a user's blockchain wallet, extending the Game beyond its free content.
C. Interpretations
1. Headings in this Agreement are for ease of reference only and shall not affect interpretation.
2. Any phrase following the terms "including", "include", "such as", "particularly" and any similar expression should be understood as illustrative and not limit the general context of the preceding words.
3. Unless otherwise specified, a "day" or "days" refers to a calendar day or calendar days.
4. Any reference to a law includes its amendments, extensions, re-enactments, and any subordinate legislation currently in force.
5. Words in the singular include the plural and vice versa, unless the context clearly indicates otherwise.
6. The terms "hereof", "herein", "hereto", "hereunder" and similar expressions refer to this Agreement as a whole and not to any particular section or clause.
7. The term "or" is understood as inclusive.
8. References to documents include all their amendments, supplements, replacements, or novations.
9. Any obligation on a party not to do something includes obligations to prevent that action.
10. In case of inconsistencies between the provisions of the main body of this Agreement and its Schedules, the main body shall prevail.
11. If any provision of this Agreement is found by a competent authority to be illegal, invalid, or unenforceable, it will not affect the validity of the remaining provisions.
12. If a provision would be legal and enforceable if part of it were deleted or modified, it applies with the necessary adjustments to align with the parties' commercial intentions.
A. General Terms
1. "Agreement" or "EULA" refers to this legally binding contract, comprising all its attendant terms, conditions, duties, liabilities, and obligations.
2. "Users" or "Players" means any individual, company, firm, or other entity that engages with, plays, or utilizes the Game.
3. "Game" or "Music Parkour" denotes the virtual reality game created by LISCINTEC, including all it's functions, parts, and services.
4. "User-Generated Content" or "UGC" signifies any data or content created, submitted, uploaded, or disseminated by Users within the Game, including but not limited to parkour courses, musical tracks, and virtual environments.
B. Specific Terms Related to Game Mechanics
1. "BEAT" refers to the in-game currency of the Game.
2. "Game License" refers to an access token, inseparably linked to a user's blockchain wallet, extending the Game beyond its free content.
C. Interpretations
1. Headings in this Agreement are for ease of reference only and shall not affect interpretation.
2. Any phrase following the terms "including", "include", "such as", "particularly" and any similar expression should be understood as illustrative and not limit the general context of the preceding words.
3. Unless otherwise specified, a "day" or "days" refers to a calendar day or calendar days.
4. Any reference to a law includes its amendments, extensions, re-enactments, and any subordinate legislation currently in force.
5. Words in the singular include the plural and vice versa, unless the context clearly indicates otherwise.
6. The terms "hereof", "herein", "hereto", "hereunder" and similar expressions refer to this Agreement as a whole and not to any particular section or clause.
7. The term "or" is understood as inclusive.
8. References to documents include all their amendments, supplements, replacements, or novations.
9. Any obligation on a party not to do something includes obligations to prevent that action.
10. In case of inconsistencies between the provisions of the main body of this Agreement and its Schedules, the main body shall prevail.
11. If any provision of this Agreement is found by a competent authority to be illegal, invalid, or unenforceable, it will not affect the validity of the remaining provisions.
12. If a provision would be legal and enforceable if part of it were deleted or modified, it applies with the necessary adjustments to align with the parties' commercial intentions.
III. LICENSE
A. Scope of License
Subject to your compliance with this EULA, LISCINTEC GmbH grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and play Music Parkour for your personal, non-commercial use. This license does not allow you to use Music Parkour on any device that you do not own or control.
B. Exceptions for Online Broadcasting and Monetization
Despite the above stipulation regarding non-commercial use, LISCINTEC GmbH acknowledges and appreciates the role and contribution of online broadcasters such as streamers and video content creators within the Music Parkour community. As a result, we provide a specific dispensation for those individuals who intend to produce and derive income from videos, live streams, or other digital media presentations ("Broadcast Content") that feature gameplay, commentary, or critiques of Music Parkour on platforms that include, but are not limited to, YouTube, Twitch, and similar platforms.
This dispensation grants online broadcasters the rights to leverage Music Parkour for the specific objective of creating and monetizing Broadcast Content, provided that such Broadcast Content delivers novel supplementary elements, such as commentary, tutorial elements, or creative adaptation. This dispensation does not allow online broadcasters to disseminate Music Parkour in its unmodified game format, nor to employ Music Parkour for any objectives not explicitly permitted within this clause.
C. Limitations and Restrictions
You are not permitted to:
1. Copy, modify, or create derivative works of Music Parkour.
2. Distribute, sell, rent, lease, lend, or sub-license Music Parkour.
3. Reverse-engineer, disassemble, or attempt to derive the source code of Music Parkour.
4. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on or in Music Parkour.
Subject to your compliance with this EULA, LISCINTEC GmbH grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and play Music Parkour for your personal, non-commercial use. This license does not allow you to use Music Parkour on any device that you do not own or control.
B. Exceptions for Online Broadcasting and Monetization
Despite the above stipulation regarding non-commercial use, LISCINTEC GmbH acknowledges and appreciates the role and contribution of online broadcasters such as streamers and video content creators within the Music Parkour community. As a result, we provide a specific dispensation for those individuals who intend to produce and derive income from videos, live streams, or other digital media presentations ("Broadcast Content") that feature gameplay, commentary, or critiques of Music Parkour on platforms that include, but are not limited to, YouTube, Twitch, and similar platforms.
This dispensation grants online broadcasters the rights to leverage Music Parkour for the specific objective of creating and monetizing Broadcast Content, provided that such Broadcast Content delivers novel supplementary elements, such as commentary, tutorial elements, or creative adaptation. This dispensation does not allow online broadcasters to disseminate Music Parkour in its unmodified game format, nor to employ Music Parkour for any objectives not explicitly permitted within this clause.
C. Limitations and Restrictions
You are not permitted to:
1. Copy, modify, or create derivative works of Music Parkour.
2. Distribute, sell, rent, lease, lend, or sub-license Music Parkour.
3. Reverse-engineer, disassemble, or attempt to derive the source code of Music Parkour.
4. Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on or in Music Parkour.
IV. INTELLECTUAL PROPERTY
A. Assertion of Ownership Rights
LISCINTEC GmbH owns all rights, title, and interest in and to Music Parkour, including all intellectual property rights therein. Music Parkour, including all software, music, images, text, and other content provided by us, is protected by copyright, trade secret, and other intellectual property laws. No rights, title, or interests in and to Music Parkour are transferred to you by virtue of this EULA or your use of Music Parkour. LISCINTEC GmbH reserves all rights not explicitly granted herein.
B. User-Generated Content and Obligations
As a User, you may create content in the form of custom obstacle courses and musical integrations ("User-Generated Content" or "UGC"). By creating UGC, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize LISCINTEC GmbH to use all patent, trademark, copyright or other proprietary rights in and to any and all UGC in the manner contemplated by Music Parkour and this EULA.
LISCINTEC GmbH does not claim ownership rights in your UGC. However, by creating and using UGC in Music Parkour, you hereby grant LISCINTEC GmbH a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with Music Parkour and LISCINTEC GmbH's (and its successor's) business, including without limitation, for promoting and redistributing part or all of Music Parkour (and derivative works thereof) in any media formats and through any media channels.
Users are solely responsible for their own UGC and the consequences of posting or publishing them. LISCINTEC GmbH does not endorse any UGC or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with UGC.
LISCINTEC GmbH owns all rights, title, and interest in and to Music Parkour, including all intellectual property rights therein. Music Parkour, including all software, music, images, text, and other content provided by us, is protected by copyright, trade secret, and other intellectual property laws. No rights, title, or interests in and to Music Parkour are transferred to you by virtue of this EULA or your use of Music Parkour. LISCINTEC GmbH reserves all rights not explicitly granted herein.
B. User-Generated Content and Obligations
As a User, you may create content in the form of custom obstacle courses and musical integrations ("User-Generated Content" or "UGC"). By creating UGC, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize LISCINTEC GmbH to use all patent, trademark, copyright or other proprietary rights in and to any and all UGC in the manner contemplated by Music Parkour and this EULA.
LISCINTEC GmbH does not claim ownership rights in your UGC. However, by creating and using UGC in Music Parkour, you hereby grant LISCINTEC GmbH a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with Music Parkour and LISCINTEC GmbH's (and its successor's) business, including without limitation, for promoting and redistributing part or all of Music Parkour (and derivative works thereof) in any media formats and through any media channels.
Users are solely responsible for their own UGC and the consequences of posting or publishing them. LISCINTEC GmbH does not endorse any UGC or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with UGC.
V. USER CONDUCT AND OBLIGATIONS
A. Adherence to Laws and Regulations
Users must comply with all applicable laws and regulations when using Music Parkour. This includes, but is not limited to, laws relating to copyright, trademark, privacy, and data protection. Users are solely responsible for ensuring their compliance with all such laws and regulations.
B. Safety Measures and Considerations
1. Given the virtual reality characteristics of Music Parkour, the game requires a certain level of physical exertion. Please evaluate your health condition before engaging in gameplay. If you have any concerns, we advise you to seek medical advice. Regular intervals of rest and hydration are encouraged.
2. Always remain aware of your surroundings while using Music Parkour. It is crucial to ensure there is adequate space for safe gameplay, free of obstructions or potential hazards.
3. The physical demands of this interactive experience are significant. All participants should review the health and safety warnings accompanying their VR headset prior to engaging in Music Parkour. Establish and maintain a secure play area. Regular breaks are recommended to avoid fatigue. Discontinue playing if you experience any discomfort.
4. For participants who are minors (below the legal age of majority in their respective countries), we suggest that a parent or a responsible adult review and address these safety considerations before gameplay commences.
5. Please be aware that the responsibility for your actions during gameplay lies with you. To the maximum extent permitted by applicable law LISCINTEC GmbH does not assume liability for any injury or damage that might result from your actions during the use of Music Parkour.
C. Prohibited Actions
Users are strictly prohibited from:
1. Using Music Parkour for any unlawful purpose or in a manner that violates any applicable laws or regulations;
2. Modifying, adapting, or hacking Music Parkour or otherwise attempting to gain unauthorized access to Music Parkour or its related systems or networks;
3. Infringing the rights of any other person or entity, including without limitation, their intellectual property rights, trademarks, copyrights, or trade secrets;
4. Impersonating any other person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5. Using Music Parkour in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Music Parkour, or that could damage, disable, overburden, or impair the functioning of Music Parkour in any manner;
6. Disseminating any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
7. Transmitting or posting any messages that are discriminatory or that promote discrimination on the basis of race, religion, color, national origin, sex, age, disability, veteran status, or any other legally protected status;
8. Using the Service for any commercial or other purposes that are not expressly permitted by this EULA;
9. Using the Service to distribute spam, including but not limited to unsolicited promotional or commercial content;
D. Account Security Measures
In Music Parkour users do not authenticate via a dedicated user account, but via their blockchain wallet. You, the user, are solely responsible for maintaining the security of your blockchain wallet, and you are solely responsible for all activities that occur under your wallet. LISCINTEC GmbH will not be liable for any loss or damage arising from your failure to comply with this provision.
E. Risks Associated with Blockchain Technology
By using Music Parkour, you acknowledge and accept the potential risks associated with the use of blockchain technology. These risks may include, but are not limited to, the following:
1. Market Risk: The value of tokens fluctuates rapidly, increasing the risk of loss when traded or sold.
2. Technological Risk: The blockchain network could be subjected to operational challenges, including, but not limited to, unanticipated changes in operating rules (commonly known as "forks") and risk of hacking.
3. Regulatory Risk: Blockchain technologies and tokens face an uncertain regulatory landscape in many jurisdictions. Regulatory actions could negatively impact the value and usability.
4. Risk of Loss: If you lose access to your private key, seed phrase, or password, you may permanently lose access to your Music Parkour Game License and any other assets stored in your blockchain wallet.
F. User Responsibilities in Mitigating Risks and Safeguarding Assets
Users are solely responsible for understanding and managing the risks associated with participating in a blockchain ecosystem. This includes, but is not limited to:
1. Securing their wallets, seed phrases, and private keys: Users must take appropriate measures to secure their wallets and private keys. LISCINTEC GmbH is not responsible for any lost or stolen keys or unauthorized transactions.
2. Understanding the Technology: Users should familiarize themselves with blockchain technology, NFTs, and tokenomics before participating in a blockchain ecosystem.
3. Compliance with Legal and Tax Obligations: Users are responsible for complying with all legal and tax obligations in their jurisdiction related to the acquisition, possession, and trading of tokens.
4. Regular Monitoring: Users should regularly monitor their assets and transactions. LISCINTEC GmbH is not responsible for monitoring or reporting any potential risks or irregularities on behalf of the users.
Users must comply with all applicable laws and regulations when using Music Parkour. This includes, but is not limited to, laws relating to copyright, trademark, privacy, and data protection. Users are solely responsible for ensuring their compliance with all such laws and regulations.
B. Safety Measures and Considerations
1. Given the virtual reality characteristics of Music Parkour, the game requires a certain level of physical exertion. Please evaluate your health condition before engaging in gameplay. If you have any concerns, we advise you to seek medical advice. Regular intervals of rest and hydration are encouraged.
2. Always remain aware of your surroundings while using Music Parkour. It is crucial to ensure there is adequate space for safe gameplay, free of obstructions or potential hazards.
3. The physical demands of this interactive experience are significant. All participants should review the health and safety warnings accompanying their VR headset prior to engaging in Music Parkour. Establish and maintain a secure play area. Regular breaks are recommended to avoid fatigue. Discontinue playing if you experience any discomfort.
4. For participants who are minors (below the legal age of majority in their respective countries), we suggest that a parent or a responsible adult review and address these safety considerations before gameplay commences.
5. Please be aware that the responsibility for your actions during gameplay lies with you. To the maximum extent permitted by applicable law LISCINTEC GmbH does not assume liability for any injury or damage that might result from your actions during the use of Music Parkour.
C. Prohibited Actions
Users are strictly prohibited from:
1. Using Music Parkour for any unlawful purpose or in a manner that violates any applicable laws or regulations;
2. Modifying, adapting, or hacking Music Parkour or otherwise attempting to gain unauthorized access to Music Parkour or its related systems or networks;
3. Infringing the rights of any other person or entity, including without limitation, their intellectual property rights, trademarks, copyrights, or trade secrets;
4. Impersonating any other person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5. Using Music Parkour in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying Music Parkour, or that could damage, disable, overburden, or impair the functioning of Music Parkour in any manner;
6. Disseminating any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
7. Transmitting or posting any messages that are discriminatory or that promote discrimination on the basis of race, religion, color, national origin, sex, age, disability, veteran status, or any other legally protected status;
8. Using the Service for any commercial or other purposes that are not expressly permitted by this EULA;
9. Using the Service to distribute spam, including but not limited to unsolicited promotional or commercial content;
D. Account Security Measures
In Music Parkour users do not authenticate via a dedicated user account, but via their blockchain wallet. You, the user, are solely responsible for maintaining the security of your blockchain wallet, and you are solely responsible for all activities that occur under your wallet. LISCINTEC GmbH will not be liable for any loss or damage arising from your failure to comply with this provision.
E. Risks Associated with Blockchain Technology
By using Music Parkour, you acknowledge and accept the potential risks associated with the use of blockchain technology. These risks may include, but are not limited to, the following:
1. Market Risk: The value of tokens fluctuates rapidly, increasing the risk of loss when traded or sold.
2. Technological Risk: The blockchain network could be subjected to operational challenges, including, but not limited to, unanticipated changes in operating rules (commonly known as "forks") and risk of hacking.
3. Regulatory Risk: Blockchain technologies and tokens face an uncertain regulatory landscape in many jurisdictions. Regulatory actions could negatively impact the value and usability.
4. Risk of Loss: If you lose access to your private key, seed phrase, or password, you may permanently lose access to your Music Parkour Game License and any other assets stored in your blockchain wallet.
F. User Responsibilities in Mitigating Risks and Safeguarding Assets
Users are solely responsible for understanding and managing the risks associated with participating in a blockchain ecosystem. This includes, but is not limited to:
1. Securing their wallets, seed phrases, and private keys: Users must take appropriate measures to secure their wallets and private keys. LISCINTEC GmbH is not responsible for any lost or stolen keys or unauthorized transactions.
2. Understanding the Technology: Users should familiarize themselves with blockchain technology, NFTs, and tokenomics before participating in a blockchain ecosystem.
3. Compliance with Legal and Tax Obligations: Users are responsible for complying with all legal and tax obligations in their jurisdiction related to the acquisition, possession, and trading of tokens.
4. Regular Monitoring: Users should regularly monitor their assets and transactions. LISCINTEC GmbH is not responsible for monitoring or reporting any potential risks or irregularities on behalf of the users.
VI. DATA PRIVACY AND PROTECTION
A. Collection and Use of Personal Data
LISCINTEC GmbH collects and uses personal data to enable your access to the Music Parkour platform and its services. The data collected may include your IP address, and other relevant information. This data is used to provide services such as authentication. For further information, please refer to our Privacy Policy.
B. User's Control Over Personal Data
You have the right to access, update, and delete your personal data. If you wish to exercise these rights, please contact us at the email address listed below. We will respond to your request within a reasonable timeframe. For further information, please refer to our Privacy Policy.
C. Data Security Measures
LISCINTEC GmbH employs reasonable technical and organizational measures to ensure the security of your personal data, including encryption and secure servers. However, no security measure is entirely secure, and as such, we cannot guarantee the absolute security of your personal data. For further information, please refer to our Privacy Policy.
LISCINTEC GmbH collects and uses personal data to enable your access to the Music Parkour platform and its services. The data collected may include your IP address, and other relevant information. This data is used to provide services such as authentication. For further information, please refer to our Privacy Policy.
B. User's Control Over Personal Data
You have the right to access, update, and delete your personal data. If you wish to exercise these rights, please contact us at the email address listed below. We will respond to your request within a reasonable timeframe. For further information, please refer to our Privacy Policy.
C. Data Security Measures
LISCINTEC GmbH employs reasonable technical and organizational measures to ensure the security of your personal data, including encryption and secure servers. However, no security measure is entirely secure, and as such, we cannot guarantee the absolute security of your personal data. For further information, please refer to our Privacy Policy.
VII. THIRD-PARTY SERVICES
A. Interaction with Third-Party Content
Music Parkour may integrate, use, or make available certain third-party services, tools, or applications. This may include but is not limited to social media platforms, music streaming platforms, or digital wallet services. While we ensure to integrate only reliable and reputable third-party services, it is crucial for you to understand that your interactions with these third-party services are governed solely by the terms of service and privacy policies of these third parties. LISCINTEC GmbH is not responsible for the performance, availability, functionality, quality, or reliability of such third-party services.
Music Parkour may contain links to third-party websites or resources. You acknowledge and agree that LISCINTEC GmbH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LISCINTEC GmbH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
B. Usage of Third-Party Services
By agreeing to this EULA, you understand that certain features and functionalities of Music Parkour may require the use of third-party services. Such services may include, but are not limited to, wallet services, third-party payment processors, digital asset exchanges, and other blockchain-related services. In the use of such third-party services, you agree to adhere to the terms and conditions put forth by the respective service providers.
You understand and agree that LISCINTEC GmbH does not control these third-party services and is not responsible for the content, functionality, legality, or any other aspect of these services. Furthermore, you understand and agree that LISCINTEC GmbH is not liable for any losses, damages, or other issues that may arise from your use of these third-party services.
C. Risks and Disclaimers Associated with Third-Party Services
You acknowledge and agree that the use of third-party services may carry risks, including, but not limited to, financial loss, data breaches, or other forms of harm. You assume full responsibility for these risks and agree to hold harmless LISCINTEC GmbH from any liability, claims, damages, losses, or other expenses resulting from your use of these third-party services.
Music Parkour may integrate, use, or make available certain third-party services, tools, or applications. This may include but is not limited to social media platforms, music streaming platforms, or digital wallet services. While we ensure to integrate only reliable and reputable third-party services, it is crucial for you to understand that your interactions with these third-party services are governed solely by the terms of service and privacy policies of these third parties. LISCINTEC GmbH is not responsible for the performance, availability, functionality, quality, or reliability of such third-party services.
Music Parkour may contain links to third-party websites or resources. You acknowledge and agree that LISCINTEC GmbH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LISCINTEC GmbH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
B. Usage of Third-Party Services
By agreeing to this EULA, you understand that certain features and functionalities of Music Parkour may require the use of third-party services. Such services may include, but are not limited to, wallet services, third-party payment processors, digital asset exchanges, and other blockchain-related services. In the use of such third-party services, you agree to adhere to the terms and conditions put forth by the respective service providers.
You understand and agree that LISCINTEC GmbH does not control these third-party services and is not responsible for the content, functionality, legality, or any other aspect of these services. Furthermore, you understand and agree that LISCINTEC GmbH is not liable for any losses, damages, or other issues that may arise from your use of these third-party services.
C. Risks and Disclaimers Associated with Third-Party Services
You acknowledge and agree that the use of third-party services may carry risks, including, but not limited to, financial loss, data breaches, or other forms of harm. You assume full responsibility for these risks and agree to hold harmless LISCINTEC GmbH from any liability, claims, damages, losses, or other expenses resulting from your use of these third-party services.
VIII. TERMINATION AND SUSPENSION
A. Grounds for Termination
LISCINTEC GmbH reserves the right to terminate or suspend your access to and use of Music Parkour at any time and for any reason, including but not limited to, if we believe that you have violated this EULA or that your conduct could harm LISCINTEC GmbH or others or create liability for LISCINTEC GmbH or others.
B. Consequences of Termination
Upon termination, all rights and licenses granted to you in this EULA will cease immediately. You understand that if your access to and use of Music Parkour is terminated, you may lose access to any content, data, or other materials associated with your use of Music Parkour.
LISCINTEC GmbH reserves the right to terminate or suspend your access to and use of Music Parkour at any time and for any reason, including but not limited to, if we believe that you have violated this EULA or that your conduct could harm LISCINTEC GmbH or others or create liability for LISCINTEC GmbH or others.
B. Consequences of Termination
Upon termination, all rights and licenses granted to you in this EULA will cease immediately. You understand that if your access to and use of Music Parkour is terminated, you may lose access to any content, data, or other materials associated with your use of Music Parkour.
IX. DISPUTE RESOLUTION
A. Applicable Law and Jurisdiction
This EULA and any dispute arising out of or related to it or Music Parkour will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Germany to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
B. Arbitration Clause
In the event of any dispute, claim, question, or disagreement arising from or relating to this EULA, you and LISCINTEC GmbH agree to use best efforts to settle such disputes, claims, questions, or disagreements through consultation and negotiation in good faith. If the dispute cannot be settled through negotiation, the parties agree to binding arbitration. The arbitration shall take place in Bonn, Germany, and shall be conducted in the German language. Both parties shall bear their own costs and expenses, including attorney fees, in connection with such arbitration proceeding, unless otherwise awarded by the arbitrator. The decision of the arbitrator shall be final and binding on both parties.
C. Waiver of Class Action
You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of LISCINTEC GmbH, you, and all parties to any such arbitration or proceeding.
This EULA and any dispute arising out of or related to it or Music Parkour will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Germany to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
B. Arbitration Clause
In the event of any dispute, claim, question, or disagreement arising from or relating to this EULA, you and LISCINTEC GmbH agree to use best efforts to settle such disputes, claims, questions, or disagreements through consultation and negotiation in good faith. If the dispute cannot be settled through negotiation, the parties agree to binding arbitration. The arbitration shall take place in Bonn, Germany, and shall be conducted in the German language. Both parties shall bear their own costs and expenses, including attorney fees, in connection with such arbitration proceeding, unless otherwise awarded by the arbitrator. The decision of the arbitrator shall be final and binding on both parties.
C. Waiver of Class Action
You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of LISCINTEC GmbH, you, and all parties to any such arbitration or proceeding.
X. LIMITATION OF LIABILITY AND WARRANTIES
A. Disclaimer of Warranties and Updates
Music Parkour is provided "as is" and on an "as available" basis. LISCINTEC GmbH makes no warranties, either expressed or implied, concerning the performance, usability, reliability, or non-infringement of Music Parkour. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or availability of blockchain services.
Furthermore, LISCINTEC GmbH reserves the right to provide or unilaterally deploy patches, updates, and other modifications to Music Parkour (collectively, "Updates") as deemed necessary or appropriate. These Updates may aim to remove or correct a bug, glitch or other issue, prevent misuse of the game or breach of this Agreement, or to enhance the gameplay, such as providing additional content. You acknowledge and agree that these Updates do not constitute a breach of this EULA or create any warranties, implied or explicit, with regard to Music Parkour. By using Music Parkour, you acknowledge the rights of LISCINTEC GmbH to deploy these Updates and waive any claims, now or in the future, related to such Updates impacting your use or enjoyment of Music Parkour.
B. Limitations on Liability
To the maximum extent permitted by applicable law, in no event shall LISCINTEC GmbH, its affiliates, directors, employees, or licensors be liable for any damages, whether they be direct, indirect, punitive, incidental, special, consequential, or exemplary. This includes but is not limited to personal injury, injury to others, damage to property, loss of profits, goodwill, use, data, or other tangible or intangible losses. These damages may result from the use of, or inability to use, Music Parkour.
C. User Indemnification Obligations
You agree to indemnify, defend and hold harmless LISCINTEC GmbH and its affiliates, officers, agents, directors, and employees from any claim, demand, liability, damages, and/or costs (including, but not limited to, attorneys' fees), made by any third party due to or arising out of your violation of this EULA, your use of Music Parkour, or your violation of any law or the rights of a third party.
Music Parkour is provided "as is" and on an "as available" basis. LISCINTEC GmbH makes no warranties, either expressed or implied, concerning the performance, usability, reliability, or non-infringement of Music Parkour. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or availability of blockchain services.
Furthermore, LISCINTEC GmbH reserves the right to provide or unilaterally deploy patches, updates, and other modifications to Music Parkour (collectively, "Updates") as deemed necessary or appropriate. These Updates may aim to remove or correct a bug, glitch or other issue, prevent misuse of the game or breach of this Agreement, or to enhance the gameplay, such as providing additional content. You acknowledge and agree that these Updates do not constitute a breach of this EULA or create any warranties, implied or explicit, with regard to Music Parkour. By using Music Parkour, you acknowledge the rights of LISCINTEC GmbH to deploy these Updates and waive any claims, now or in the future, related to such Updates impacting your use or enjoyment of Music Parkour.
B. Limitations on Liability
To the maximum extent permitted by applicable law, in no event shall LISCINTEC GmbH, its affiliates, directors, employees, or licensors be liable for any damages, whether they be direct, indirect, punitive, incidental, special, consequential, or exemplary. This includes but is not limited to personal injury, injury to others, damage to property, loss of profits, goodwill, use, data, or other tangible or intangible losses. These damages may result from the use of, or inability to use, Music Parkour.
C. User Indemnification Obligations
You agree to indemnify, defend and hold harmless LISCINTEC GmbH and its affiliates, officers, agents, directors, and employees from any claim, demand, liability, damages, and/or costs (including, but not limited to, attorneys' fees), made by any third party due to or arising out of your violation of this EULA, your use of Music Parkour, or your violation of any law or the rights of a third party.
XI. AMENDMENT OF EULA
A. Procedures for Changes
LISCINTEC GmbH reserves the right, at its discretion, to change, modify, add, or remove portions of this EULA at any time by posting the amended EULA on its website or within Music Parkour.
B. Acceptance of Changes
We reserve the exclusive right to amend, modify, or otherwise alter this EULA at any time, as per our sole discretion. Such alterations will take effect 30 days after the display of the revised EULA on this website or within Music Parkour. Please note, any use of Music Parkour post the effective date signifies your complete acceptance of the revised terms. If you cannot accept these terms, you are urged to discontinue your use of the Music Parkour platform immediately.
To keep you apprised of any substantial changes to this EULA, we commit to post a conspicuous notification on the website, or, if feasible, deliver a communication through other reliable channels. Despite our commitment to notify you, we strongly recommend you maintain a regular review of this EULA for any alterations. If any modification is unacceptable to you, your only recourse is to cease the use of Music Parkour.
LISCINTEC GmbH reserves the right, at its discretion, to change, modify, add, or remove portions of this EULA at any time by posting the amended EULA on its website or within Music Parkour.
B. Acceptance of Changes
We reserve the exclusive right to amend, modify, or otherwise alter this EULA at any time, as per our sole discretion. Such alterations will take effect 30 days after the display of the revised EULA on this website or within Music Parkour. Please note, any use of Music Parkour post the effective date signifies your complete acceptance of the revised terms. If you cannot accept these terms, you are urged to discontinue your use of the Music Parkour platform immediately.
To keep you apprised of any substantial changes to this EULA, we commit to post a conspicuous notification on the website, or, if feasible, deliver a communication through other reliable channels. Despite our commitment to notify you, we strongly recommend you maintain a regular review of this EULA for any alterations. If any modification is unacceptable to you, your only recourse is to cease the use of Music Parkour.
XII. ADDITIONAL PROVISIONS
A. Force Majeure
Neither party will be liable for any failure or delay in performance under this EULA due to causes beyond that party’s reasonable control and occurring without its fault or negligence, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of such a force majeure, the party affected will notify the other party as soon as reasonably possible and will use reasonable efforts to minimize the impact of the event.
B. Severability
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
C. Non-waiver Clause
No failure or delay by us in exercising any right or remedy under this EULA shall operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not prevent us from subsequently exercising that right or remedy or any other right or remedy. A waiver of any breach or default under this EULA shall not constitute a waiver of any other right for subsequent breach or default and shall not affect the effectiveness of any of the provisions of this EULA.
D. Assignment of Agreement
This EULA, and any rights and licenses granted under it, may not be transferred or assigned by you, but may be assigned by LISCINTEC GmbH without restriction or consent. Any attempted assignment or transfer in violation of this provision will be void and of no force or effect.
E. Entire Agreement
This EULA, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitutes the entire agreement between you and LISCINTEC GmbH with respect to the Music Parkour software and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and LISCINTEC GmbH with respect to the Music Parkour software.
F. Contact Information
If you have any questions or concerns about this EULA or the game Music Parkour, please contact us at:
LISCINTEC GmbH
Von-Guericke-Allee-13
53125 Bonn
Germany
eMail: musicparkour@liscintec.com
Please note that the communications made through this email are for convenience only and shall not be deemed to constitute legal notices or to constitute actual receipt by us of any information provided by you through such method.
Neither party will be liable for any failure or delay in performance under this EULA due to causes beyond that party’s reasonable control and occurring without its fault or negligence, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of such a force majeure, the party affected will notify the other party as soon as reasonably possible and will use reasonable efforts to minimize the impact of the event.
B. Severability
If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
C. Non-waiver Clause
No failure or delay by us in exercising any right or remedy under this EULA shall operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not prevent us from subsequently exercising that right or remedy or any other right or remedy. A waiver of any breach or default under this EULA shall not constitute a waiver of any other right for subsequent breach or default and shall not affect the effectiveness of any of the provisions of this EULA.
D. Assignment of Agreement
This EULA, and any rights and licenses granted under it, may not be transferred or assigned by you, but may be assigned by LISCINTEC GmbH without restriction or consent. Any attempted assignment or transfer in violation of this provision will be void and of no force or effect.
E. Entire Agreement
This EULA, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitutes the entire agreement between you and LISCINTEC GmbH with respect to the Music Parkour software and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and LISCINTEC GmbH with respect to the Music Parkour software.
F. Contact Information
If you have any questions or concerns about this EULA or the game Music Parkour, please contact us at:
LISCINTEC GmbH
Von-Guericke-Allee-13
53125 Bonn
Germany
eMail: musicparkour@liscintec.com
Please note that the communications made through this email are for convenience only and shall not be deemed to constitute legal notices or to constitute actual receipt by us of any information provided by you through such method.
By accepting this EULA, you agree and understand that you will be irrevocably giving up certain legal rights and remedies including but not limited to the right to file a lawsuit in court regarding any dispute or claim arising out of or related to this EULA.
This EULA is effective and binding on the parties upon your acceptance of the terms. The terms of this EULA will begin on the date you accept them (as described in the preamble) and will end when terminated by either you or LISCINTEC GmbH as provided for under these terms.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE THAT USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THIS EULA.