ENHANCE EXPERIENCE, INC.
Last Updated June 22, 2022
Welcome to the websites (collectively, the “Site”) of Enhance Experience, Inc. (“Enhance,” “we,” “us,” or “our”). Through the Site, we provide sales and marketing information about our company, our video games, our interactive art, and our synesthesia engine (such information, together with the Site, the “Service”).
1. PERSONAL DATA WE COLLECT
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:
Personal Data You Provide: We collect Personal Data from you when you sign up for our mailing list, request a demo, apply for a job, download an application for your console, ask for help when using our Service, or contact us. The Personal Data we collect varies depending on what you choose to share, but it may include your name, email, resume, and other information you provide in connection with your job application such as references and work history.
We also have pages on social media sites like Instagram, Facebook, Twitter, Discord, and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. In addition, if you review one of our games through one of our platform partners (such as Microsoft, PlayStation, Oculus, Steam or Epic Games), we may collect any Personal Information provided by you and associated with your review (such as your name, the contents of your review, and the data/time of your review).
Internet Activity Data: When you visit, use, and interact with the Service, we may receive certain information about your visit, use, or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:
・Log Data: Information that your browser automatically sends whenever you visit the Site. Log Data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.
・Device Data: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
・Usage Data: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.
・Location Data: We derive a rough estimate of your location from your IP address.
・Email Open/Click Data: We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.
If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.
2. HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:
・To provide the Service and send you any information you request about our games or software;
・To respond to your inquiries, comments, feedback, or questions and otherwise provide support regarding the Service;
・To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
・To analyze how you interact with our Service;
・To maintain and improve the Service;
・To develop new products and services;
・To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
・To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.
Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding other administrative matters and to respond to your requests.
3. SHARING AND DISCLOSURE OF PERSONAL DATA
In certain circumstances we may share the categories of Personal Data described above without further notice to you, unless required by the law, with the following categories of third parties:
・Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store Personal Data in the course of performing their duties to us.
・Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
・Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.
4. UPDATE YOUR INFORMATION
Please contact us if you need to delete, change or correct your Personal Data.
Our Service is not directed to children who are under the age of 16. Enhance does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to Enhance through the Service please contact us and we will endeavor to delete that information from our databases.
6. LINKS TO OTHER WEBSITES
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Enhance via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
8. INTERNATIONAL USERS
By using our Service, you understand and acknowledge that your Personal Data will be transferred from your location to our facilities and servers in the United States.
9. YOUR CHOICES
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.
11. CONTACT US
ENHANCE EXPERIENCE, INC.
END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement“) is a binding agreement between you (“End User” or “you“) and Enhance Experience Inc. (“Enhance“). This Agreement governs your use of any Enhance games (including all related documentation, the “Game“). The Game is licensed, not sold, to you.
BY USING THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE GAME.
1. Access and Use of Game
- 1.1 License Grant. Subject to the terms of this Agreement, Enhance grants you a limited, non-exclusive, non-sublicensable and nontransferable license to download, install, and use the Game for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device”) strictly in accordance with the Game’s documentation.
- 1.2 License Restrictions. Licensee shall not:
- (a) copy the Game, except as expressly permitted by this license;
- (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Game;
- (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Game or any part thereof;
- (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof;
- (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time; or
- (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game.
- 1.3 Account. To access and use certain features, you may be required to create an account with Enhance (“Account”). You are responsible for anything that happens through your Account, including purchases, whether or not authorized by you. You agree to not share the Account, or any associated passwords, with any other individual. In the event you suspect any unauthorized use of your Account, you must promptly contact Enhance.
- 1.4 User-Generated Content
- (a) Definition of UGC. The Game may permit you to send, receive, or otherwise share user-generated content and other materials (“UGC”) with others.
- (b) License to Enhance. Except for the licenses granted herein, you retain any copyrights that you may hold in any UGC that you make available (whether created solely by you or together with others) for use in connection with the Game. By entering into this Agreement, you grant Enhance a worldwide, royalty-free, irrevocable, perpetual, nonexclusive, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display UGC, in whole or in part, and to incorporate your UGC in other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes, without any payment to you. You acknowledge that your UGC may be viewed, reproduced, published, and/or modified by Enhance or third parties. You acknowledge that Enhance may delete any UGC from the Game and/or Enhance servers at any time, for any reason, in its sole discretion without notice or liability to you. Enhance reserves the right to not post or publish UGC and is not obligated to store any UGC.
- (c) Warranties Regarding UGC. You are solely responsible for your UGC and you represent and warrant that: (1) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions, to use and to authorize us to exploit the license that you grant to us hereunder; and (2) your UGC, and the use of your UGC as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require Enhance to obtain any further licenses from or pay royalties or compensation or other amounts or provide any attribution to any third parties; (iv) result in a breach of contract between you and a third party; or (v) cause us to violate any law or regulation.
- (d) Disclaimer of Warranties by Enhance. Enhance assumes no responsibility for any UGC made available by you or any third party in connection with the Game. Enhance is not responsible for any loss of or damage to any UGC, nor is Enhance liable for any incorrect, defamatory, libelous, false, obscene, or offensive content you may encounter in connection with UGC. UGC is the sole responsibility of the user that made it available in connection with the Game.
- (e) Monitoring of UGC.
- (i) Enhance may scan, access, use, monitor, disclose, or preserve information associated with your use of the Game (including, without limitation, UGC) as is necessary, in Enhance’s discretion, (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this Agreement or protect the rights of Enhance, its customers, or the public; (c) to help prevent a loss of life or serious physical injury to anyone; (d) to prevent potentially illegal or offensive activities; and (e) to provide and improve features of the Game.
- (ii) We are under no obligation to edit or control UGC that you or others provide, and will not be in any way responsible or liable for UGC. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to UGC. If notified by a user or content owner that UGC allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the UGC, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Game. Please alert us of any inappropriate UGC or other materials you find on the Game.
- 1.5 Code of Conduct. To help keep the Game friendly and safe for all users, you agree that you and any UGC you provide to Enhance will adhere to Enhance’s Community Code of Conduct, available at https://enhance-experience.com/privacy-policy.
- 1.7 Updates. Enhance may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Enhance has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either: (i) the Game will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this Agreement.
- 1.8 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Game and Enhance will have no liability or responsibility with respect thereto. Enhance reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Game.
2. Proprietary Rights
- 2.1 Reservation of Rights. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this Agreement, or any other rights thereto other than to use the Game in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Enhance and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- 2.2 Third Party Materials. The Game may display, include, or make available third-party content (including data, information, Games, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Enhance is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Enhance does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- 2.3 Digital Millennium Copyright Act.
- (a) Notice. We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content in the Game infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Copyright Agent at email@example.com or 100 Moffett Blvd, Suite B301, Mountain View, CA 94043 USA. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- (ii) A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- (iii) A description of the material that you claim is infringing and where it is located;
- (iv) Your address, telephone number, and email address;
- (v) A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
- (vi) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- (b) Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
- (c) Repeat Infringer Policy. Enhance’s intellectual property policy is to: (i) remove or disable access to material that Enhance believes in good faith, upon notice from an intellectual property rights owner or his or her agent, is infringing the intellectual property rights of a third party by being made available through the Game; and (ii) in appropriate circumstances, to terminate the accounts of and block access to the Game by any user who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
3. Third Party Distribution Channels
Enhance offers Game applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such a Game application through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Game application, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to the Game application that is made available for your use in connection with an Apple-branded product (such a Game application, “Apple-Enabled Application”), in addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply:
- Enhance and you acknowledge that this Agreement is concluded between Enhance and you only, and not with Apple Inc. (“Apple”), and that as between Enhance and Apple, Enhance, not Apple, is solely responsible for the Apple-Enabled Application and the content thereof.
- You may not use the Apple-Enabled Application in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Application in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Application is limited to a non-transferable license to use the Apple-Enabled Application on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Application.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Application to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Application, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Enhance’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Enhance and you acknowledge that Enhance, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Application or your possession and/or use of that Apple-Enabled Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Application or the end-user’s possession and use of that Apple-Enabled Application infringes that third party’s intellectual property rights, as between Enhance and Apple, Enhance, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Application, they should be directed to Enhance as follows:
100 Moffett Blvd
Mountain View, CA 94043
- Enhance and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Application as a third party beneficiary thereof.
- 4.1 Payment Authorization. Certain aspects of the Game may be made available to you for a fee. When you provide payment information to Enhance or to one of its payment processors, you represent to Enhance that you are the authorized user of the card, PIN, key or account associated with that payment instrument, and you authorize Enhance to charge your credit card or other payment instrument for any funds or other fees (including transaction and credit card fees) incurred by you in connection with the Game. Enhance may require you to provide your address or other information in order to meet its obligations under applicable tax law. If any purchase is subject to any type of VAT, use or sales tax, then Enhance may also charge you for those taxes, in addition to the any other applicable fees.
- 4.2 Purchase of Digital Items. “Digital Items” means content (including, but not limited to, in-game currency) you purchase or otherwise acquire for use in the Game through the mechanisms we make available. By purchasing or otherwise acquiring Digital Items, you obtain a limited, non-exclusive license (as set forth herein) to utilize such Digital Items within the Game. Other than this limited license, you have no right or title in or to Digital Items. Digital Items cannot be sold or transferred to a third party (unless a transfer is permitted within the Game) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the Game. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods from us, you acknowledge and agree that we will begin the provision of the Virtual Goods to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods are successfully credited to your account on our servers.
- 4.3 No Refunds. All purchases made through the Game are final and non-refundable.
- 4.4 Restrictions Regarding Digital Items. Enhance may manage, regulate, control, modify or eliminate Virtual Goods at any time, with or without notice. Enhance shall have no liability to you or any third party in the event that Enhance exercises any such rights. The transfer of Virtual Goods is prohibited except where expressly authorized by Enhance. Other than as expressly authorized within the Game, you shall not sell, redeem or otherwise transfer Virtual Goods to any person or entity, including but not limited to Enhance, another user or any third party.
5. Term and Termination
- 5.1 Term. The term of Agreement commences when you use the Game and will continue in effect until terminated by you or Enhance as set forth in this Section 5.
- 5.2 Termination by You. You may terminate this Agreement by deleting the Game and all copies thereof from your Device.
- 5.3 Termination by Enhance. Enhance may terminate this Agreement at any time without notice if it ceases to support the Game, which Enhance may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- 5.4 Effect of Termination. Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Game and delete all copies of the Game from your Device and account. Termination will not limit any of Enhance’s rights or remedies at law or in equity.
6. Disclaimer of Warranties
THE GAME IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ENHANCE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, ENHANCE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENHANCE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME OR THE CONTENT AND SERVICES FOR: (A) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ENHANCE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
8. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
- 8.1 Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Enhance, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Enhance are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- 8.2 Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND ENHANCE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ENHANCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- 8.3 Pre-Arbitration Dispute Resolution. Enhance is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Enhance should be sent to 100 Moffett Blvd, Suite B301, Mountain View, CA 94043 USA(“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Enhance and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Enhance may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Enhance or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Enhance is entitled.
- 8.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless Enhance and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Enhance agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- 8.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Enhance will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Enhance will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Enhance will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
- 8.6 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- 8.7 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Agreement will continue to apply.
- 8.8 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Enhance agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Enhance written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
- 9.1 Export Regulation. The Game may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the Game to, or make the Game accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside your jurisdiction or country.
- 9.2 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- 9.3 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of Japan without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Game shall be instituted exclusively in the Tokyo District Court for the first instance. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- 9.4 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
ENHANCE EXPERIENCE INC.
Date of Last Revision: June 11, 2021
At Enhance, our mission is to provide an exciting, community oriented, multiplayer, multi-sensory platform experience where users can interact safely. To achieve this goal, we ask that all users participate in such a way that promotes a friendly, positive-experience community. In addition to any other applicable End User License Agreement or Terms of Service that applies to your use of our website, games or platform (collectively, the “Service”), we have prepared the following guidelines for our community. These apply to all users, user generated content and user activity on our website (located at https://enhance-experience.com/) and Services and may be updated based on the evolution of the Enhance community and our Service.
To protect the integrity of our community, as the provider of the Service, we at Enhance reserve the right to suspend any account at any time for any conduct that we determine to be inappropriate or harmful. Such actions may include: removal of content and/or suspension of account(s).
Breaking the Law
You must respect all applicable local, national, and international laws while using our Services. Any content or activity featuring, encouraging, offering, or soliciting illegal activity is prohibited.
All suspensions are binding until expiration or removal upon successful appeal. Any attempt to circumvent an account suspension by using other accounts, identities, or by appearing on another user’s account may also result in an additional enforcement against your accounts, up to an indefinite suspension.
Any activity that may endanger your life or lead to your physical harm is prohibited. This includes, but is not limited to: suicide threats, intentional physical trauma, illegal use of drugs, illegal or dangerous consumption of alcohol, and dangerous or distracted driving. We do not make exceptions for self-destructive behavior performed as a stunt or gag made in jest, or meant to entertain, when the behavior could reasonably be expected to cause physical injury.
Violence and Threats
Acts and threats of violence will be taken seriously and are considered zero-tolerance violations and all accounts associated with such activities may be indefinitely suspended. This includes, but is not limited to:
- ・Attempts or threats to physically harm or kill others
- ・Attempts or threats to hack, DDOS, or SWAT others
- ・Use of weapons to physically threaten, intimidate, harm, or kill others
Enhance does not allow content that depicts, glorifies, encourages, or supports terrorism, or violent extremist actors or acts. This includes threatening to or encouraging others to commit acts that would result in serious physical harm to groups of people or significant property destruction. You may not display or link terrorist or extremist propaganda, including graphic pictures or footage of terrorist or extremist violence, even for the purposes of denouncing such content.
Hateful Conduct and Harassment
Hateful conduct and harassment are not allowed on Enhance. Hateful conduct is any content or activity that promotes or encourages discrimination, denigration, harassment, or violence based on the following protected characteristics: race, ethnicity, color, caste, national origin, immigration status, religion, sex, gender, gender identity, sexual orientation, disability, serious medical condition, veteran status and political affiliation. Enhance has zero tolerance for hateful conduct, we afford every user equal protections under this policy, regardless of their particular characteristics.
Harassment has many manifestations, including stalking, personal attacks, and promotion of physical harm. Sexual harassment, specifically, can take the form of unwelcome sexual advances and solicitations, sexual objectification, or degrading attacks relating to a person’s perceived sexual practices.
Unauthorized Sharing of Private Information and Impersonation
Do not invade the privacy of others. It is prohibited to share content that may reveal private personal information about individuals, or their private property, without permission. This includes but is not limited to:
- ・Sharing personally identifiable information (such as real name or location)
- ・Sharing content that violates another’s reasonable expectation of privacy, for example using the Services video-enabled functions from a private space, without permission
Content or activity meant to impersonate an individual or organization is also prohibited.
Spam, Scams, and Other Malicious Conduct
Any content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of Enhance Services or another user’s experience or devices is prohibited. Such activity includes:
- ・Posting large amounts of repetitive, unwanted messages
- ・Distributing unauthorized advertisements
- ・Defrauding others
- ・Spreading malware or viruses
- ・Selling or sharing user accounts
- ・Reselling Enhance Services or features
- ・Defacing, or attempting to deface, website pages or other Enhance Services
- ・Cheating a Enhance system
Pornography, Other Sexual Content, and Potentially Obscene Content
Depictions of sexually explicit activities or acts, including intercourse, are prohibited. Content that exclusively focuses on extreme or gratuitous gore and violence are also prohibited. Content or activities that threaten or promote sexual violence or exploitation are strictly prohibited and may be reported to law enforcement.
Intellectual Property Rights
You should only share content that you own, or that you otherwise have rights to or are authorized to share on Enhance. If you share content through your Enhance account that you do not own or otherwise do not have the rights to share on Enhance, you may be infringing another person’s intellectual property rights. This includes any third party content included in your content, derivative creations, or performances of others’ copyrighted content. We encourage you to assess your content for adherence to applicable intellectual property laws and the proper application of principles such as fair use, and to secure all appropriate rights needed, before sharing your content on Enhance.
Any unauthorized content you share on Enhance may be subject to a takedown by the rights holder(s) to remove the infringing content from Enhance, and is a violation of these Community Guidelines. Multiple violations of our policies may lead to a permanent suspension of your account.
Examples of content you should not share on Enhance without permission from the copyright owners or unless otherwise permitted by law include any content, including movies, television shows, images, music or video games, you do not own or have the rights to share.
Enhance is committed to facilitating inclusive communities, which can only happen if our users feel secure and protected. In order to achieve this goal, Enhance may enforce against severe offenses committed by members of the Enhance community that occur outside of our Services, such as hate group membership, terrorist recruitment, sexual assault, and child grooming. We may investigate reports that include verifiable evidence of these behaviors and, if we are able to confirm, issue enforcements against the relevant users. We may also consider allegations of similarly severe conduct by those wishing to join the Enhance community and, if substantiated, we may terminate the account.