NOPE CHALLENGE – Terms of Service and End User License Agreement
- Developer
- Happy Manic LLC
- Address
- Raleigh, North Carolina, USA
- hello@happymanic.com
1. Acceptance of Terms
By downloading, installing, accessing, or playing NOPE Challenge ("the Game"), you agree to be bound by this Terms of Service and End User License Agreement ("Agreement"). If you do not agree to these terms, do not install or use the Game. This Agreement is between you ("the user," "you") and Happy Manic LLC ("we," "our," or "the Developer").
2. Health and Safety Warning
NOPE Challenge is a virtual- and mixed-reality experience involving physical movement, reflex-based interaction, and potentially startling content. By playing, you acknowledge the following:
- You may experience loss of balance, dizziness, motion sickness, fear, or disorientation.
- Physical injury can occur if your real-world play area is not clear or if you move unexpectedly while wearing a headset.
- You must play only in a safe, open area free of obstacles, furniture, people, and pets.
- You should stop immediately if you feel pain, discomfort, or dizziness.
- If you are prone to seizures, vertigo, or any medical condition affected by motion or flashing lights, consult a physician before playing.
3. Assumption of Risk and Release of Liability
By playing NOPE Challenge, you voluntarily assume all risk of personal injury, property damage, or loss arising from your participation. To the fullest extent permitted by law, you agree that Happy Manic LLC, its members, employees, contractors, and affiliates are not liable for:
- Any personal injury, damage, or loss you experience while using the Game.
- Injuries caused by collisions, falls, or startled reactions during play.
- Malfunctions, bugs, or interruptions in software performance.
You play entirely at your own risk and are solely responsible for ensuring your environment is safe before and during gameplay.
3A. Third-Party Users and Guests
If you allow any other person to use or play NOPE Challenge on your device, you are solely responsible for ensuring that they have read, understood, and agreed to this Agreement before playing.
By allowing another person to use the Game, you represent and warrant that they have accepted these Terms and that you assume all liability for their use.
Happy Manic LLC disclaims all responsibility for injury, loss, or damage suffered by any guest or third party who has not personally agreed to these Terms.
3B. Minors and Parental Consent
NOPE Challenge is intended for users aged 13 and older. If you are under 18 years of age, you may play only under the supervision of a parent or legal guardian who has read and agreed to this Agreement on your behalf. By permitting a minor to play NOPE Challenge, the parent or legal guardian:
- Consents to this Agreement and all associated risks on behalf of the minor.
- Accepts full responsibility for the minor’s actions, safety, and compliance with these Terms.
- Agrees to indemnify and hold harmless Happy Manic LLC from any injury, damage, or claim arising from the minor’s use of the Game.
4. Limited License
Happy Manic LLC grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of NOPE Challenge for personal, non-commercial entertainment use on compatible Meta Quest devices. You may not:
- Copy, modify, reverse engineer, decompile, or create derivative works.
- Sell, rent, or sublicense the Game or any part of it.
- Use the Game for commercial, training, or demonstration purposes without written permission.
5. Intellectual Property
All content within NOPE Challenge, including characters, environments, artwork, sounds, code, and narrative, is the property of Happy Manic LLC and protected by copyright and trademark laws. You receive no ownership rights by purchasing, downloading, or using the Game.
6. Limitation of Liability
To the maximum extent permitted by applicable law, Happy Manic LLC shall not be liable for:
- Any indirect, incidental, special, or consequential damages.
- Any loss of data, profits, or goodwill.
- Any claim exceeding the amount you paid for the Game.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this clause may not apply to you.
7. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Any dispute, claim, or controversy arising from or relating to this Agreement shall be resolved through binding arbitration conducted in Wake County, North Carolina, under the rules of the American Arbitration Association. You agree not to participate in any class-action or representative lawsuit relating to the Game or this Agreement.
8. Privacy and Data
The Game may collect limited data for analytics, crash reports, or performance metrics. No personal identifying information is stored or shared by Happy Manic LLC. For details, refer to the Privacy Policy available at Privacy Policy.
9. Updates and Modifications
Happy Manic LLC may update or modify this Agreement at any time by posting a revised version at https://www.happymanic.com/legal . Continued use of the Game after such updates constitutes acceptance of the revised terms.
10. Termination
This Agreement is effective until terminated. It will automatically terminate if you fail to comply with any term. Upon termination, you must stop using the Game and delete all copies from your devices.
11. Contact
If you have questions about this Agreement, contact:
Happy Manic LLC
Email: hello@happymanic.com
Acknowledgment
By downloading or playing NOPE Challenge, you acknowledge that you have read, understood, and agreed to these Terms, that you are at least 18 years of age or have obtained consent from a parent or guardian, and that you understand virtual reality gameplay involves physical risk.