Terms and Privacy policy

Legal Documents

EFFECTIVE DATE: SEPTEMBER 21, 2021

Terms and Conditions

These terms and conditions constitute a legally binding agreement (“Agreement” or “Terms”) between you (“you,” “your,” and similar forms) and MUD Foundation Inc. (” we,” “us,” or similar forms). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. For these terms and conditions, the terms Virtual Reality (VR) and Augmented Reality (AR) shall be used interchangeably.

Cookies

Unless otherwise stated, MUD Foundation Inc. and/or its licensors own the intellectual property rights for all material created on MUD Foundation. All intellectual property rights are reserved. You may access this from MUD Foundation for your personal use, subject to restrictions set in these terms and conditions. You must not: Republish material from MUD Foundation Sell, rent or sub-license material from MUD Foundation Reproduce, duplicate or copy material from MUD Foundation Redistribute content from MUD Foundation This Agreement shall begin on the date hereof.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, MUD Foundation Inc. and/or its licensors own the intellectual property rights for all material created on MUD Foundation. All intellectual property rights are reserved. You may access this from MUD Foundation for your personal use, subject to restrictions set in these terms and conditions. You must not: Republish material from MUD Foundation Sell, rent or sub-license material from MUD Foundation Reproduce, duplicate or copy material from MUD Foundation Redistribute content from MUD Foundation This Agreement shall begin on the date hereof.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

-  Government agencies;
-  Search engines;
-  News organizations;
-  Online directory distributors may link to our Website in the same manner as they hyperlink to
  the Websites of other listed businesses; and
-  System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
  and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MUD Foundation Inc., and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to info@mud.foundation. Please include your name, organization name, and contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context
  and format of content on the linking party’s site.

No use of MUD Foundation Inc.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

No use of MUD Foundation Inc.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

VR Waiver Terms and Conditions

Please read this document carefully. It is required before using a VR headset.
For the purpose of this waiver, the terms Virtual Reality (VR) and Augmented Reality (AR) shall be used interchangeably.

BY USING THE VIRTUAL REALITY HEADSETS YOU ARE INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS VR WAIVER AGREEMENT.

HEADSET – To enter Virtual Reality you must wear a headset which will totally block your view of your real location, and headphones that will prevent you from hearing the outside world. In the event of a fire alarm, remove the headset immediately.

LANGUAGE – Multi-participant VR experiences will allow you to see, and be seen by people online from anywhere in the real world in virtual reality, so please be mindful of your actions and language, respecting other participants who may be in the virtual world with you. Some participants and users of VR can be easily shocked or surprised, both pleasantly and not, which can result in some people shouting expletives. will not be responsible, accept or allow language considered morally wrong or offensive.

AGE RATINGS – Many titles have an age rating or suggestion. Participants will be able to choose any title. It is the participant's (or participant’s guardian if under 18) responsibility to check the selected games are appropriate. The VR system includes features to help display appropriate titles for the age of the participant, including filters on our Mud Foundation website, but this can only work when a participant selects or provides their correct age.

ONLINE – Some metaverse allows access to the internet and can allow interaction, including audio and gestures, which XRHUB will have absolutely no control over. This means inappropriate behavior and verbal comments can be easily encountered, and all users should be aware. Mud Foundation cannot police and, therefore will not be responsible for participants' behaviors online considered morally wrong or offensive.

WOW! – The VR experience can be extremely realistic, creating unprecedented levels of emotions. You can be scared, made to feel unsafe, unsure of your footing, or make yourself jump out of your skin. Other titles can help you relax, unwind, wow you with wonder, or make you curious. cannot be held responsible for any injury caused by a participant's actions whilst reacting to VR.

FIRST TIME – XRhub.art . recommend you ease into the VR experiences until you have become more familiar with the new world. Please read this information before choosing any experience.

A LIST OF POTENTIAL ISSUES THAT YOU MAY BE AFFECTED BY.

PLEASE READ AND CONSIDER HOW THEY MAY AFFECT YOU BEFORE ENTERING VIRTUAL REALITY.

- Eye strain.
- High volumes in the headphones (there is a volume control).
- Flickering screens and flashing images which could trigger underlying health conditions.
- Motion sickness.
- Equipment may affect some medical devices such as cardiac pacemakers etc.
- The equipment and media content of some experiences may affect those with pre-existing medical
  or mental health conditions.
- May affect pregnant women adversely.
- It is possible to feel claustrophobia, panic, or other phobias.
- Objects in the real world may not be visible in the virtual world.
- Objects in the virtual world may not exist in the real world.
- Feelings of disorientation may be felt at the end of the experience.
- Repeated use may exaggerate the effects above.

HEALTH & SAFETY - If at any time you have any health & safety concerns regarding your VR experiences while using a VR headset, please stop the experience immediately, and contact the VR headset manufacturer. does not manufacture VR headsets; therefore, it is not responsible for any risks associated with the VR experience. recommends that you do not enter VR when tired, ill, under the influence of alcohol or drugs, hung over, in pain, or feeling stressed or anxious, as these factors can increase your risk of potential issues.

DISCOMFORT – Due to the unpredictable nature of the human response to virtual reality (dizziness, nausea, seizures, fear of heights, bumping into objects, etc.), by agreeing to the VR Terms and Conditions waiver section, all participants agree to release from any liability regarding the use of VR equipment including headsets.

RECOMMENDED AGES – Before using VR equipment please visit the manufacturer website for recommended age. For example, Oculus VR, LLC. PlayStation VR, and HTC Vive recommend that children over the age of 13 use VR headsets.

RISKS – Unfortunately, there are risks associated with the use of VR (Virtual Reality) and AR (Augmented Reality) headsets. Some of the risks are fairly obvious: bumping into objects, tripping over wires, etc. Other risks are not so obvious and may either be latent in their effects (for example, vision impairment) or may trigger dizziness, nausea or even a seizure. The fact is, the technology is so new that health and safety research needs to catch up with it.

WAIVER – Because of the risks associated with the use of VR headsets, Mud Foundation requires participants to agree to the terms and conditions before using VR headset equipment. Please stop use of the VR equipment if you feel any discomfort whatsoever. I acknowledge that I have read and understood all of the terms and conditions of the VR Waiver and that I am voluntarily GIVING UP the legal rights to sue or its employees. And hereby consent to the terms and conditions of this VR waiver. I am confirming that I have read the above information and understand that I must agree to the terms and conditions of this waiver and release before using VR headset equipment.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

EFFECTIVE DATE: SEPTEMBER 21, 2021

Privacy Policy

Thank you for choosing to be part of our community at MUD Foundation Inc. (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice or our practices concerning your personal information, please contact us at info@mud.foundation.

When you visit our website MUD Foundation and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain in the clearest way possible what information we collect, how we use it, and what rights you have about it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites or Apps and our services. This privacy notice applies to all information collected through our website (such as MUD Foundation), the application ("Apps"), and/or any related services, sales, marketing, or events (we refer to them collectively in this privacy notice as the "Services"). Please read this privacy notice carefully, as it will help you make informed decisions about sharing your personal information with us.

Table of Contents

1. What information do we collect?
2. How do we use your information?
3. Will your information be shared with anyone?
4. Do we use cookies and other tracking technologies?
5. How do we handle your social logins?
6. How long do we keep your information?
7.How do we keep your information safe?
8. Do we collect information from minors?
9. What are your privacy rights?
10. Controls for do-not-track features.
11. Do California residents have specific privacy rights?
12. Do we make updates to this policy?

1. What information do we collect?

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services or Apps.

We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Information collected through our Apps

In Short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.

If you use our Apps, we may also collect the following information:

Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, sensors, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

2. How do we use your information?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.

Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps.

To post testimonials. We post testimonials on our Services or Apps that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at info@mud.foundation and be sure to include your name, testimonial location, and contact information.

To deliver services to the user. We may use your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

3. Will your information be shared with anyone?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services or Apps. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

4. Do we use cookies and other tracking technologies?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

5. How do we handle your social logins?

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Services or Apps offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the Services or Apps. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

6. How long do we keep your information?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 90 days past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. How do we keep your information safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.

8. Do we collect information from minors?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services or Apps, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services or Apps. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to delete such data from our records promptly. If you become aware of any data we have collected from children under age 18, please contact us at info@mud.foundation.

9. What are your privacy rights?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

If you have questions or comments about your privacy rights, you may email us at info@mud.foundation.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

1. Log into your account settings and update your user account.

2. Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or Apps visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

1. Note your preferences when you register an account with the site.

2. Access your account settings and update preferences.

3. Contact us using the contact information provided.

10. Controls for do-not-track features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. Do california residents have specific privacy rights?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services or Apps, you have the right to request removal of unwanted data that you publicly post on the Services or Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services or Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.

12. Do we make updates to this policy?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

13.How can you contact us about this policy?

If you have questions or comments about this policy, you may email us at info@mud.foundation or by post to:

MUD Foundation Inc.

350 Northeast 75th Street, unit 360-123

Miami, 33138

United States