THIS END-USER LICENSE AGREEMENT (THIS "EULA") IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND OVERAY INC., THROUGH ITS CONTENTS DEVELOPMENT BRAND IMMERSED PLAYER ("COMPANY"), WHICH GOVERNS YOUR USE OF THE SOFTWARE AND SERVICES PROVIDED BY IMMERSED PLAYER (INDIVIDUALLY REFERRED TO AS THE "APPLICATION"), YOUR ACCOUNT, AND THE RELATED SERVICES ("SERVICE"). THE APPLICATION FEATURES MAY VARY DEPENDING ON YOUR COUNTRY, OPERATING SYSTEM, DEVICE MODEL, NETWORK OPERATOR, AND THE VERSION OF THE SOFTWARE. PLEASE READ THIS EULA CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS. USE OF THE APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM "APPLICATION" INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS, AND OTHER RELATED CONTENT. THE TERM "APPLICATION" MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL USER-RESIDENT SOFTWARE THAT MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, WHICH MAY BE UPDATED FROM TIME TO TIME AT THE SOLE DISCRETION OF IMMERSED PLAYER. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION. EXCEPT FOR APPLICATION AND SOFTWARE COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), ANY PERSONAL INFORMATION YOU PROVIDE TO IMMERSED PLAYER OR ITS DESIGNATED REPRESENTATIVES IS GOVERNED BY IMMERSED PLAYER'S PRIVACY POLICY, AS UPDATED FROM TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THIS EULA. (B) ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS EULA WITH IMMERSED PLAYER. (C) CONFIRM THAT YOU ARE AUTHORIZED AND ABLE TO ACCEPT THIS EULA.
IMMERSED PLAYER grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this EULA are reserved by IMMERSED PLAYER. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.
All title, ownership rights, and intellectual property rights in and to this Application, its service and all copies thereof (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, user translated in-game texts, locations, concepts, artwork, animation, structural or landscape designs, character inventories, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses methods of operation, moral rights, any related documentation, and "applets" incorporated into this Application) are owned by IMMERSED PLAYER or its licensors. This Application is protected by the copyright laws of all countries, international copyright treaties and conventions, and other laws. All rights are asserted and reserved.
Your Account shall not be transferred, sold or used by anyone else. Regardless, you are liable for all activities conducted through your Account. You shall not assign or transfer your rights and obligations under this EULA. Any use, reproduction or redistribution of the Application, Application-related contents or services not expressly authorized by this EULA is expressly prohibited and may result in civil and criminal penalties. YOU ARE STRICTLY PROHIBITED FROM ENGAGING IN, OR ASSISTING OTHERS TO ENGAGE IN, CONDUCT THAT WOULD DAMAGE OR IMPAIR THE QUALITY OR PROPERTY OF THE APPLICATION INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
exploit this Application or any of its parts commercially;
use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
reproduce or make copies of this Application or any part thereof, or make copies of any of its accompanying materials;
sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of IMMERSED PLAYER;
reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
modify, adapt, translate or otherwise create derivative works based on this Application or to provide any other means through which others may play the Application such as through server emulators;
disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany materials;
export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations;
take actions that impose an unreasonable or disproportionately large load on online network infrastructure or that could damage, disable, overburden, or impair any services provided in connection with the Application;
interfere with other party's use of the Application;
attempt to gain unauthorized access to third party's Account or the Application via any means;
violate terms and conditions set forth in this EULA and/or any other terms set forth by IMMERSED PLAYER in relation to the Application and its service.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for "beta" testing, and/or for a limited trial period or number of uses), you will not use the Application following the expiration of the permitted trial period or number of uses. The Application may include code designed to prevent you from exceeding these limits, and such code may remain on your user device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses. In addition to any other rights and remedies available, if IMMERSED PLAYER reasonably believes you have engaged, or will engage, in any of the above conduct in this section, it may, in its sole discretion and without notice, limit your access to the Application and suspend or deactivate your Account with no liability to it relating thereto.
You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Application. If you reside in a jurisdiction which restricts the use of applications such as this Application according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Application. If you reside in a jurisdiction where it is forbidden by law to offer or use the Application for internet communication, you may not enter into this EULA, download, install or use the Application. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Application is permitted by law.
The Application may in parts enable the multiplayer mode, allowing communication with other users via variety of multiplayer and community functions. All users must act and interact with other users in a reasonable and fair manner. Actions such as hacking, cheating, bug exploitation, misuse of the Application, trolling, deceptive or abuse conduct is prohibited.
Respect other rights of users and act responsibly. Do not abuse, harass, troll or stalk other users. Actions such as uploading, sharing content, or using the Application in any way that is immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libelous, defamatory, threatening and/or bullying is prohibited. You must not cause disruption that will interfere with the operation of the Application, including damaging any Account, software, hardware or network. Do not upload spam, commercial, marketing, advertisement or solicitation content or promotional content or any third party links. Actions in attempt to impersonate any person, including staff of IMMERSED PLAYER is prohibited.
If found to be breaching any of the clauses in this Section 5, IMMERSED PLAYER reserves the right to terminate this EULA to immediate action and the use of the Application for the user who has violated without any refund or compensation.
IMMERSED PLAYER is not responsible for moderating, monitoring, or recording user actions and communications in the Application or in connection with the Application, which includes any type of post, messages via written or voice between users. IMMERSED PLAYER, however, reserves the right, in certain cases, to moderate and monitor these content and activities in order to ensure Application users' compliance with the terms of this EULA and holds the right to delete any content that breaches the terms of this EULA without any notice. IMMERSED PLAYER may proceed to cooperate with relevant game platforms and/or with law enforcement authorities in certain serious cases, which could result in disclosing any of the personal and/or relevant information to other third parties and authorities.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) IMMERSED PLAYER WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; (d) THE ENTIRE LIABILITY OF IMMERSED PLAYER AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY APPLICATION PROVIDED BY OR ON BEHALF OF IMMERSED PLAYER WILL BE THE REPLACEMENT OF ANY IMMERSED PLAYER APPLICATION FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW; AND (e) NEITHER IMMERSED PLAYER OR ITS THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE APPLICATION, NOR ANY OF THE IRRESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE APPLICATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL IMMERSED PLAYER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF IMMERSED PLAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) IMMERSED PLAYER'S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE IMMERSED PLAYER'S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IMMERSED PLAYER WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THIS EULA DUE TO ISP INTERRUPTIONS, SOFTWARE OR HARDWARE FAILURES, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, OR FOR ANY OTHER DAMAGES THAT ARE BEYOND REASONABLE CONTROL OF IMMERSED PLAYER.
This EULA is effective unless and until terminated by either you or IMMERSED PLAYER. Your rights under this EULA terminate upon the termination of your Account or deletion of the Application under this EULA.
IMMERSED PLAYER may, at any time, for any reason and in its sole discretion, immediately terminate this EULA, deactivate your Accounts, discontinue the service or deny your access to the Application, with or without notice to you and with no liability to you or the Service if: (a) you breach any provision of this EULA; (b) you infringe any third party intellectual property rights; (c) IMMERSED PLAYER is unable to verify or authenticate any information you provide; or (d) upon game play, chat or any player activity whatsoever which is, in sole discretion of IMMERSED PLAYER, inappropriate and/or in violation of the spirit of the Application or the Service.
Upon termination of the EULA, for any reason or no reason whatsoever: (a) you will immediately discontinue use of the Application, the Service, and your Account; (b) all rights granted to you under this EULA will immediately terminate; and (c) you will promptly delete all installed copies of the Application and all of its component parts and related materials.
Any fees associated with your use of the Application and the Service are payable in advance and not refundable in whole or in part. Your obligation to pay accrued charges and fees will survive even after the termination of this EULA.
IMMERSED PLAYER reserves the right to pursue all remedies available at law and in equity for violations of this EULA. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of this EULA by you and, without limiting any of IMMERSED PLAYER's other remedies, you hereby consent to, and authorize IMMERSED PLAYER to obtain an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security. You further authorize IMMERSED PLAYER to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
Playing VR games may cause motion sickness in some players. If you feel dizzy or nauseous when playing the Application, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding activity until you feel better. To limit the risk of motion sickness while playing the Application, do not use the Application when you are tired, need sleep, are under the influence of alcohol or drugs, are under emotional stress or anxiety, or when suffering from headaches or other health issues which may increase your susceptibility to adverse symptoms.
Due to the nature and features of VR games, you need to give yourself plenty of room to play VR games. Always be aware of your surroundings during your game play. While playing the Application, you will be moving around the play area and using your hands to gesture and control game play. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, objects, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged during or immediately after using the Application. Never handle sharp or dangerous objects while playing the Application.
As the Application may provide an immersive virtual reality experience, you may not be able to fully see or hear your surroundings while playing the Application. Please take a moment to ensure that the play area and surrounding space is safe and free of potential hazards before game play. Sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings during game play and so as not to damage your hearing. IMMERSED PLAYER is not liable for any damage to property, injury or death that may occur as the result of the interactions between you and people or objects in or around the play area during your use of the Application.
You hereby authorize IMMERSED PLAYER to collect certain personal data about you. Your use of the Application is subject to IMMERSED PLAYER's Privacy Policy found at www.tidaladventure.com which is hereby incorporated into this EULA.
You agree to indemnify, defend and hold IMMERSED PLAYER, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Application pursuant to the terms of this EULA.
Using the Application requires an Internet connection to servers of IMMERSED PLAYER. As part of playing the Application and using the Service, you hereby explicitly consent to the extraction of hardware system profile data, internet connection data and any other data related to the operation of the Application through the Service from any electronic device that logs on to the Service using your Account. IMMERSED PLAYER may deploy or provide patches, updates and modifications to the Application that must be installed for the user to continue to play the Application. IMMERSED PLAYER may update the Application remotely including, without limitation, the software residing on the user's device, without the knowledge of the user, and you hereby grant to IMMERSED PLAYER your consent to deploy and apply such patches, updates and modifications.
This EULA, including the Privacy Policy, represents the complete agreement concerning the license of this Application between you and IMMERSED PLAYER and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter.
If any provision of this EULA is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA will not be affected.
This EULA will be governed by and construed in accordance with the laws of the Republic of Korea.
If any provision of this EULA shall be held to be invalid or unenforceable, the remainder of this EULA shall remain in full force and effect. To the extent any express or implied restrictions are permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
IMMERSED PLAYER may, at its sole discretion, change, modify, add to, supplement or delete any of the terms and conditions of this EULA at any time effective upon prior notice. If any future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA, you must terminate this EULA pursuant to Section 8. The continued use of the Application by you will mean you accept any and all such changes. IMMERSED PLAYER may change, modify, suspend, or discontinue any aspect of the Application at any time. IMMERSED PLAYER may also impose limits on certain features or restrict your access to parts or all of the Application without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Application.
BY DOWNLOADING AND INSTALLING THE APPLICATION, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.
Last updated: February 3, 2025