TERMS OF SERVICE

These terms of service are entered into by and between you and Thoughtfish GmbH (“Thoughtfish,” “we,” or “us”). The following terms and conditions (“Terms of Service”) govern your access to games developed by Thoughtfish, including, without limitation, LIVING ROOM (collectively, the “Services”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Services. By accessing, playing, downloading, or otherwise using the Services or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.thoughtfish.de/living-room-privacy-policy/, which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

1. CHANGES TO THE TERMS OF SERVICE.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

2. ACCESSING THE SERVICES AND ACCOUNT SECURITY.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We have the right to disable any account, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Thoughtfish has not reviewed all of the websites linked to or from its Services and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Thoughtfish. Use of any such linked website is at your own risk.

3. INTELLECTUAL PROPERTY RIGHTS.

The Services and the contents, features, and functionality thereof, (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Thoughtfis, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services or delete any proprietary rights notices attached to the Services, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and use of the Services and (b) you may download a single copy to your computer, Head-Mounted Device (HMD) or mobile device solely for your own personal, non-commercial use. You must not delete or alter any copyright, trademark or other proprietary rights notices from the Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Thoughtfish. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

4. CHANGES TO THE SERVICES.

We may update the content on this Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

5. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SERVICES.

All information we collect on or through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. SAFETY

THIS IS A VIRTUAL/MIXED/AUGMENTED REALITY GAME. WHEN PLAYING THE GAME, YOU MAY NOT BE ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL/MIXED/AUGMENTED REALITY HEADSET OR PLAYING THE GAME THROUGH/WITH VIRTUAL/MIXED/AUGMENTED REALITY GAME EQUIPMENT, HEADSETS, GLASSES, HANDHELD DEVICES ETC. IT IS YOUR RESPONSIBILITY TO:

Abide by any health and safety notices or guidelines provided by any marketplace, platform, and/or forum through which you may have accessed the Game at all times during your use of the Game.
Locate, read and understand your Headset manufacturer’s guidelines, as well as all relevant marketplace, platform, and/or forum guidelines and notices, and that any failure to adhere to any such guidelines or precautions may cause damage to property, personal injury to you or others, or death.
Clear a safe area all around you, including overhead, before playing the Game.
Avoiding playing in, near, or under areas, objects, animals, or other things that could cause injury through trips, falls, contacts, strikes, loss of balance, or other unsafe conditions or interactions

7. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THOUGHTFISH NOR ANY PERSON ASSOCIATED WITH THOUGHTFISH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THOUGHTFISH NOR ANYONE ASSOCIATED WITH THOUGHTFISH REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THOUGHTFISH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT ON THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
For the avoidance of doubt, you acknowledge that Thoughtfish is not responsible directly or indirectly for any bodily injury, psychological harm, or property damage you may experience while using the Services. You are expected and agree to take all necessary precautions when using the Services.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Thoughtfish, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Services or your violation of these Terms of Service, including, but not limited to, bodily injury, psychological harm, or property damage, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.

10. GOVERING LAW AND JURISDICTION.

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the German Law. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the respective courts of Berlin, Germany.

11. WAIVER AND SEVERABILTIY.

No waiver of by Thoughtfish of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thoughtfish to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

12. ENTIRE AGREEMENT.

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Thoughtfish with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

13. YOUR COMMENTS AND CONCERNS.

All feedback, comments, notices, requests for technical support and other communications relating to the Services should be directed to support@thoughtfish.de