Privacy Policy

Updated May 16, 2022
We are Cyberspline Games Inc. (“Cyberspline” or “Developer” of VR game BoomBox) with a registered office in Canada, delivery address 905 Pender St W Fl 6, Vancouver, BC V6C 1L6, entered in the BC Registry Services Business Corporations Act under reference BC1235280.
This document explains the use of data we collect from users who plays BoomBox and consists of two parts. By accepting this document, you acknowledge having understood the contents of both. The first part details the personal data we collect for the purpose of making the game BoomBox available to you, and how this data is used. The second part contains the full End-User License Agreement, which covers some additional topics.
If you have problems understanding anything in this document, do not be afraid to contact us at boombox@cyberspline.com.

COLLECTION OF INFORMATION

We collect and store the player’s game platform username and platform account number (Steam, Oculus, Viveport, iQiyi) with scores attributed to that username.
We collect other anonymized information from your play of BoomBox.
BoomBox does NOT collect the player’s name, physical address, contact information, or any geolocation information.

USE OF INFORMATION

We need to collect the user data described above (identification data and game use data) so that the game is functional, including leaderboards, multiplayer etc. We do not need your personal data in a form that enables your identification.

GAME PLATFORM USERNAME

Facilitate leaderboards for the player which also display their Steam & Oculus & iQiyi friends.
Facilitate multiplayer games and player-to-player interaction.

AGGREGATE, DE-IDENTIFIED PLAY DATA

Analyze and improve our game.
Support the internal operations of BoomBox.
We aggregate all information collected so that it cannot be used to identify any particular player.

THIRD-PARTY INTEGRATIONS

TWITCH CHAT INTEGRATION

This is an additional modding tool you can use with the game to access your Twitch chat directly in-game. We do not collect any personal or user information from this tool; all details of every library included in this tool are available on GitHub* codes we utilized (see links below this document). You do not need to install this tool to play BoomBox, and access to this tool is purely voluntary.

Read more about Twitch Terms of Service HERE

FACEBOOK

Third-Party Tracking Technologies: Social Features, Activity and Movement Data, In-Game Purchases, Gameplay Information

Playing BoomBox on the Oculus Quest platform with a Facebook-linked Oculus Account enables rich data sharing of your activity within BoomBox to Facebook for social features native to the Facebook platform. These include but are not limited to: gameplay data for dates, times, song and difficulty played, scoreboard information, challenge participation details, Facebook friends, information required for in-app purchases, In addition, players with Oculus Move activated will activate a collection of spatiotemporal virtual reality tracking data, fitness performance history and distances traveled on the Oculus Platform. Please note that this information is not collected by BoomBox, for more information, please see the Facebook Privacy Policy.

Walk Those Brackets! (WTB) INTEGRATION


This is an additional application you can use with the game to organize tournaments directly in-game. You do not need to use this application to play BoomBox, and access to this application is purely voluntary.

By logging on WTB website, they will collect:

  • Discord ID
  • Discord Name
  • Discord Avatar
  • Discord Discriminator

By using WTB in-game, they will collect:

  • Tournament selected
  • Map played
  • Score
  • Accuracy
  • Cut count
  • Max combo
  • Total note count

Read more about WTB Terms of Service HERE


DATA RETAINING PERIOD

We retain the data described above for the time for which you play BoomBox and at the maximum until you delete your account on any platform which you used to purchase our game or until you ensure complete erasure of BoomBox from your library on any given platform. We will also delete the data:

a. Whenever the User Data is no longer necessary to provide BoomBox experience or service to you;
b. When requested by you (see the section below for more information);
c. When you delete your account associated with BoomBox; NOTE: if you published a custom map and indicated your nickname on that map, your nickname will still be visible on that map even after deletion of your account. If you would like to remove all your maps from our server, please contact us via email and we will remove them.
d. When requested by Facebook;
e. When required by law or regulation;

DATA ACCESS BY OTHER PARTIES

Apart from us, your personal data are also processed by the platforms through which you have purchased our game:

Steam

Oculus (Meta)

SideQuest

Pico

iQiyi

YVR

PIMAX

Your user data are also processed by Unity, which ensures the creation and management of statistics concerning our game as mentioned above. (Privacy policy available at: https://unity3d.com/legal/privacy-policy)

YOUR RIGHTS

You have the right to access the processed personal data concerning you. We will provide this data to you free of charge on the basis of your request sent to the above-given postal address or by e-mail to boombox@cyberspline.com. Only where any costs arise in connection with your request, we will have to ask you to pay the necessary costs for their provision.
Under any circumstances, you have the right to demand that we erase your personal data and we will do so.
If you think that your personal data are no longer needed for the purpose for which they have been processed; if you believe that your personal data are processed by Cyberspline Games Inc. illegally; or if Cyberspline Games Inc. process personal data of a child without any parental consent given for such processing, you may demand that we erase your personal data.

SECURITY OF DATA

Although Cyberspline Games Inc. has access to the Personal Data and Usage Data described above from your acquisition and use of the Game, as set forth above, protection of any personally identifying Usage Data or Personal Data is our highest priority. Such Data is shared only with our Partners and Platform Holders to support your use of the Game, as described above. No method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

CHANGES TO THIS PRIVACY POLICY

We may revise this Privacy Policy, for example, to reflect changes in the law, our practices, or the features of BoomBox. These changes will be effective immediately upon posting. As a result, you should periodically review the Privacy Policy so that you are up to date on our most current policies and practices. By playing BoomBox, you agree to the terms and conditions of this Privacy Policy, and, by continuing to play BoomBox after changes have been made, you agree to the changes.

STILL, HAVE QUESTIONS?

If you have any questions or concerns regarding this policy, please contact us: boombox@cyberspline.com
———————————————————-

END-USER LICENSE AGREEMENT

1. LICENSE

By receiving, opening the file package containing this software, and/or using BoomBox (“Software”), you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Subject to the terms of this Agreement, Cyberspline grants to you a limited, non-exclusive, non-transferable license, without the right to sub-license, to use BoomBox in accordance with this Agreement and any other written agreement with Cyberspline does not transfer the title of BoomBox to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Cyberspline and the purchasers and/or users of BoomBox.
If you do not agree to be bound by this agreement, you are not authorized to use BoomBox in any way and must remove BoomBox from your device(s).

2. DISTRIBUTION
BoomBox and the license herein granted shall not be copied, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.

3. USER AGREEMENT

3.1 Use

Your license to use BoomBox is limited to the number of licenses purchased by you. You shall not make or make available additional copies of BoomBox to allow others to use, copy, evaluate, or otherwise use BoomBox except in the manner permitted under this agreement.

3.1.1 Use Restrictions
You shall use BoomBox in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of BoomBox together with material that is pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Displaying an in-Game name, using the in-Game chat, global chat, community features or any other feature included or associated with the Game, or exhibiting the behaviour of any kind that is considered by Cyberspline at its sole discretion, to be pornographic, racist, vulgar, obscene, defamatory, libellous, abusive, promoting of hatred, discriminating or displaying of prejudice based on religion, ethnic heritage, race, sexual orientation or age, may result in Cyberspline restricting, removing, refusing, or limiting your access to certain or all features of the Game for definite or indefinite periods of time.
The assignment, sublicense, networking, sale, or distribution of copies of BoomBox are strictly forbidden without the prior written consent of Cyberspline. It is a violation of this agreement, and may be a violation of applicable laws to assign, sell, loan, rent, lease, borrow, network or transfer the use of the Game.

3.1.2 Steam

Users who have gained access to BoomBox by means of the “Steam Family Library Sharing” feature (a “Shared User”) are also subject to the terms of this license agreement. The user who uses the “Steam Family Library Sharing” feature to provide access to the Shared User(s) (“Sharer”) acknowledges that the Shared User(s) and Sharer share a single license to use BoomBox as described above and that any restrictions or punitive measures taken against a Shared User or Sharer will affect the Sharer and all Shared User(s) that use this license.
For the avoidance of doubt: if you use the Steam Family Library Sharing feature to share the game, and Cyberspline finds that the behaviour of the player you shared the game with warrants a ban from either matchmaking, the Global Chat, or any other feature of the Game, such measures will affect both you, the Shared User, and all other players you are sharing the game with through this feature.

3.2 Copyright Restriction

BoomBox contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile BoomBox without the express permission and approval of Cyberspline, you may not create any derivative works or other works that are based upon or derived from BoomBox in whole or in part without the express permission of Cyberspline.
Cyberspline and its licensors, as may be applicable, retain sole and exclusive ownership of all rights, title and interest in and to BoomBox and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of BoomBox, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as may be otherwise set forth in this license. All rights not expressly granted hereunder are reserved for Cyberspline.

3.3 Conditional Usage Permission

Notwithstanding the foregoing, users may incorporate visual elements and footage from BoomBox in non-commercial, user-created content that references BoomBox, and may make this content available through third-party websites and platforms under the conditions that:
• a copyright notice is provided as follows “© 2022 Cyberspline Games”
• none of this content is deemed inappropriate or offensive in any way at Cyberspline’s sole discretion
• content is not presented as being created, sanctioned, approved, or otherwise condoned by Cyberspline.
• No rights are granted by Cyberspline to include the music from the Game in any such video clips, all such rights belonging to and reserved by the applicable copyright holders.
Cyberspline gives Users permission to monetize their compliant user-created videos via the YouTube Partner Program and similar programs on other video-sharing sites.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Cyberspline, its employees, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with your use of BoomBox.
In no event (including, without limitation, in the event of negligence) will Cyberspline, their employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, BoomBox or the use or inability to use BoomBox or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Under no circumstances will Cyberspline provide a reimbursement of the purchase price of BoomBox. Reimbursement of the purchase price of BoomBox can only be obtained from the party who provided you with this product and is subject to the terms and conditions of this party.

3.5 Warranties

Except as expressly stated in writing, Cyberspline makes no representation or warranties in respect of Game and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of British Columbia (Canada) applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of British Columbia therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of BoomBox and destroy all copies of BoomBox supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

BOOMBOX AND THE ACCOMPANYING FILES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY BOOMBOX AS WELL.

5. ACKNOWLEDGMENT OF USE OF DATA

You acknowledge that Cyberspline may record, store, and access personally identifiable data pertaining to BoomBox recorded in any manner during your use of the Game and accept the privacy policy included above. As required by law, Cyberspline will provide you with a copy of this data, provide you with an opportunity to rectify incorrect data or delete this data at your request. You may file such a request, which is subject to additional verification, through media@cyberspline.com.

——————– MIT License ——————————–

*This software uses the following:

1. – see https://github.com/brian91292/ChatCore

2. – see https://github.com/brian91292/EnhancedStreamChat-v3

3. – see https://github.com/monkeymanboy/BeatSaberMarkupLanguage

4. – see https://github.com/hardcpp/BeatSaberPlus

5. – see https://github.com/sta/websocket-sharp