END USER LIcense Agreement
November 21, 2023
1.1. This document outlines the terms and conditions (the “EULA” or “End User License Agreement”) that Big Brane Studios, Inc. (the “Big Brane”, “we”, “our”, and their derivatives) uses to govern Sushi Ben (the “Game”) and services related to the Game.
1.2. By buying, downloading, installing, using, or playing the Game you agree to the EULA as outlined below at its latest iteration. If you cannot or do not want to agree to the EULA, then do not do any of the aforementioned activities relating to the Game.
1.3. In order to agree to the EULA, you need to (a) be 18 years or older, or have your parent/guardian’s consent to agree to the EULA, and (b) have the power to enter a binding contract with Big Brane and not be barred from doing so under any applicable laws.
2. Store Terms
2.1. The Game is offered on third-party stores including but not limited to Steam, PlayStation, HTC, and Meta Quest (each a “Store”).
2.2. You may need an account for each Store in order to purchase, download, and play the Game. Such use of the Store and of the Game through the Store is controlled by the Store’s applicable terms and conditions that are made available by the Store.
2.3. If there are any conflicts between the terms of this EULA and the terms of the Store from which the Game was purchased and downloaded from, the Store’s terms shall reign to the extent of the conflict.
2.4. All communications relating to purchases of the Game and related content such as DLC shall be directed to the Store from which it was purchased. This includes any requests for refunds.
3. Your Privacy
and Personal Information
You have rights in regards to your personal information we collect under our Privacy & Data Collection Policy. This is important information that you should read through as it states all your rights and our responsibilities in regards to your information.
4. Health and
4.1. Review the information in this section before using the Game as it can prevent damage to property, injury, or death. Other health and/or safety risks may not be contained in this list as it is not meant to be an exhaustive one.
4.2. Epileptic Seizure Warning. Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your physician prior to playing the Game. Stop playing the Game and consult a physician if you have any of the following symptoms before playing again:
Eye or muscle twitching;
Loss of consciousness or awareness;
Involuntary movements; or
4.3. Motion Sickness. Playing virtual reality games, including the Game, may cause motion sickness in some users. If you feel dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery, or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase any adverse symptoms.
4.4. Repetitive Motion Injuries and Eyestrain. Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
Avoid excessive play;
Take a 10 to 15 minute break every 30 minutes while playing the Game;
If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
4.5. Play Area Precautions. Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game in virtual reality you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects, and other people that could be bumped into during gameplay. Please ensure that you are not near other people, stairs, balconies, windows, walls, furniture, or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, or when suffering from a cold, flu, headaches, migraines, or other illnesses.
4.6. The Stores on which you purchase and download the Game from may also provide additional health and safety information and precautions. These include, but are not limited to:
5. Intellectual Property
Big Brane, its licensors, platforms, and other providers own all aspects of the Game including, but not limited to, any works of authorship (e.g., trailers, character models, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property that comprise and/or are contained in the Game. Such aspects and their ownership are protected by United States and international intellectual property and proprietary rights laws.
6. Fan Content
6.1. “Fan Content” refers to any fan art that is based on the intellectual property of Big Brane. We encourage Fan Content creation, but ask that you comply with this EULA and our Fan Content Policy.
6.2. Fan Content that does not conform to the EULA or Fan Content Policy is prohibited. Big Brane can revoke permission to create Fan Content at its sole discretion for any reason at any time.
7. Your Limited License to Use the Game
7.1. Upon purchase of the Game through us or a third party Store, you are granted a non-transferable license for one (1) copy of the Game for your personal, non-commercial use. This allows you to play the game, share non-commercial screenshots and videos of the Game on your personal social media, and any additional Game content that we decide to make available through upgrades and updates.
7.2. This license does not give you title nor ownership in the Game. All rights, titles, interests and ownership rights in the Game and any copyright, design right, business names, and registered or unregistered trademarks and other intellectual property rights in or connected to the Game are owned by or belong to Big Brane or its licensors. All rights are reserved and asserted, and all trademarks are the property of their respective owners. The Game may contain certain material that is licensed and Big Brane’s licensors may act to protect their rights in the event of any breach of this EULA.
8. Updates & Other Modifications to the Game
8.1. Big Brane may provide updates to the Game remotely which may need to be applied before making full use of the Game. You agree that we may deliver updates and that those updates will be applied.
8.2. We hold the right to modify and to withdraw the game at our sole discretion without notice. We will not be liable if all or any part of the Game is unavailable for any period of time at any time.
8.3. We are not obligated to to support previous versions of the Game upon availability of an update, upgrade, or implementation of features.
9. Warranties and Disclaimers
9.1. The Game and all related content, materials, services, and updates are provided “as-is” and “as-available” without warranty or guarantee of any kind including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose.
9.2. Big Brane and its licensors do not warrant that the Game and all related content, materials, services, and updates will be accurate, uninterrupted, bug- or error-free, that certain errors or bugs can be corrected, or that the Game will meet your needs or expectations.
10.1. To the fullest extent permitted under applicable law, Big Brane, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, successors, and assignees will not be held liable for damages of any kind arising from this EULA or the use of or inability to use the Game or its content.
10.2. To the fullest extent permitted under applicable law, Big Brane, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, successors, and assignees will not be held liable for your negligence, accident or misuse, or if the game has been modified in any way (not by Big Brane or its licensors) after it has been bought.
10.3. This EULA shall not limit nor exclude any rights you may have as a consumer that may not be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless Big Brane, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, successors, and assignees 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 violation of this EULA or your use of the Game.
12.1. We have the right to revoke your license to use the Game and any related content at any time and at our sole discretion. In that event, you must immediately erase the Game from your system and destroy all and any copies in your possession or control and stored on any media whatsoever and on Big Brane’s request certify that you have done so in writing.
12.2. Upon revocation of the license to use the Game, this Section 13 (Termination) and Sections 5 (Intellectual Property), 6 (Fan Content), 8 (Updates & Modifications to the Game), 9 (Warranties & Disclaimers), 10 (Liability), 11 (Indemnification), 12 (Waiver & Severability), 13 (Governing Law & Jurisdiction), and 14 (General Terms) will continue to apply in perpetuity.
13. Applicable Law and Jurisdiction
13.1. Any matters, disputes, or claims related to the Game and this EULA will be subject to the laws of the State of Delaware, without regard to conflict of law.
13.2. Any legal action, proceeding, or suit arising or related to this EULA or the Game shall be brought under the exclusive jurisdiction of the federal and state courts located in Kent County, Delaware, USA.
14. General Terms
14.1. This EULA does not affect any rights afforded under law that cannot be excluded or limited.
14.2. Big Brane may update this EULA at any time. Any changes made to this EULA will be in effect when you buy, play, install, or otherwise use the Game. Check back to this document to be aware of the latest EULA.
14.3. Big Brane may assign or transfer our rights and obligations outlined in this EULA to another organization. You may not transfer your rights under this EULA.
14.4. Any delay in enforcing our rights or this EULA will not be construed as a waiver of our rights. We can still enforce this EULA and our rights at any later time despite the delay. Any waiver of our rights or provision of this EULA will be effective only in writing signed by an authorized representative of Big Brane.