1. General

1.1 We reserve the right to change these Terms and any of the Policies at any time by updating these Terms and/or Policies (as applicable) on MarineVerse. Except where required by law, we are under no obligation to provide you with individual notice of any changes. As such, we recommend that you regularly check MarineVerse for updates. Your continued use of MarineVerse after such changes will signify your acceptance of the amended Terms and Policies (as applicable). If you do not agree with any of the amended Terms or Policies then please do not continue to access or use MarineVerse.

1.2 By using MarineVerse:

1. You warrant that you are over the age of 18 and have the right and authority to enter into a binding contract with us and are not prohibited from doing so under any applicable laws, rules, and regulations;
2. If you are not 18 years or older you must not use MarineVerse without your parent or guardian’s express consent and provided your parent or guardian warrants and undertakes that your parent or guardian agrees to these Terms and undertakes to be liable for the same on your behalf;
3. If you are under age 13, you are prohibited from using any part of MarineVerse; and
4. To the maximum extent permitted by law, we may, in our sole discretion, refuse to offer access to any part of MarineVerse to any person or entity and may change the eligibility criteria for access to MarineVerse at any time;
5. You acknowledge that we collect personal information about you in order to create your MarineVerse Account in accordance with our Privacy Policy accessible at https://www.marineverse.com/privacy

2. Registration

2.1 You may wish to register your personal details to set up an account (your “MarineVerse Account”). This can be done via personal email. You will be able to modify your MarineVerse Account details by going into the account settings in your profile.

2.2 You warrant that you have read and agree to our Policies before creating a MarineVerse Account.

2.3 You agree that you will be the sole user of your MarineVerse Account and that you will not allow any third parties to access your MarineVerse Account.

2.4 If you register and create a MarineVerse Account, you agree to be responsible and/or liable for maintaining the confidentiality and security of passwords and other account identifiers which you nominate, and all activities that occur under such password or account identifiers.

2.5 You may wish to join the MarineVerse community by joining third-party platforms including Discord, Reddit and other platforms. You acknowledge that any use of third-party platforms will be in accordance with the general terms of that third-party platform. You are responsible for making your own enquiries into the terms and conditions of the relevant third-party platform. In no event shall we be responsible or liable for any issue or error arising from use of a third-party platform even if any of our employees, contractors, directors, or representatives participate in such platforms.

2.6 By registering for a MarineVerse Account, you further agree that:

1. you will not create more than one personal MarineVerse Account;
2. you will not create a MarineVerse Account for anyone but yourself;
3. you will not create a MarineVerse Account with false information;
4. if we disable your MarineVerse Account for any reason, you will not attempt to make a new MarineVerse Account; and
5. you will not transfer your MarineVerse Account to any third party without first gaining our written permission.

3. Health and Safety

3.1 The MarineVerse Cup product is rated “Comfort: Moderate” by the Meta Quest Store. You are responsible for making your own enquiries into the suitability of virtual reality simulation and gaming platforms for you and reviewing and being comfortable with all relevant Health and Safety Warnings provided by your device or otherwise at https://www.meta.com/legal/quest/health-and-safety-warnings/ (“Health and Safety Warnings”) prior to use. In no event shall VRS be responsible or liable for any injury, illness, damage to property, death, or issue arising from your failure to review Health and Safety Warnings or adhere to Health and Safety Warnings.

3.2 Please consult a medical professional prior to use or access of any part or whole of MarineVerse if you susceptible to:

1. epileptic seizures or have ever experienced epileptic symptoms;
2. loss of consciousness when exposed to certain flashing lights or light patterns;
3. motion sickness, dizziness or nausea; or
4. if you have any concerns regarding the suitability of MarineVerse to you.

3.3 MarineVerse is a virtual reality sailing simulation game. You acknowledge that MarineVerse is not equivalent to real world sailing, and any attempt to recreate MarineVerse in real life should only be performed with the appropriate training and a qualified instructor present.

4. Licence and Use of MarineVerse

4.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use MarineVerse for the primary purpose of virtual reality sailing simulation. Your licence shall remain in effect until terminated by you or VRS. You warrant that you will:

1. Not Copy or Reverse Engineer: You may not copy or reverse engineer any part of MarineVerse in any way, including by manual or automated means.
2. Not Modify: You will not, and will not permit anyone else to, modify, adapt, translate, reformat, create a derivative work of, reverse engineer, decompile, disassemble or alter any part or whole of MarineVerse.
3. Not Transfer: You may not share, transfer, license, sublicense, rent, lend, commercialise, offer for sale, sell, or monetise MarineVerse.
4. Use for a Lawful Purpose: You shall not use, or allow to be used, MarineVerse for any unlawful purpose or in any unlawful manner.

4.2 If you wish to broadcast or communicate to the public any part or whole of MarineVerse, subject to our prior written authorisation (please contact us at press@marineverse.com to request permission), we will grant you a limited, non-exclusive, non-transferable, revocable licence for the purposes of broadcasting or communicating MarineVerse products in accordance with the same terms at clause 4.1 above and subject to further conditions of:

1. Individual Gameplay: broadcast or communication may only show your individual user gameplay;
2. No Liability related to Broadcast Content: you acknowledge that you are solely responsible for materials created during broadcast or communication of MarineVerse product, and you must fully comply with all applicable laws and regulations as well as the terms of services, policies, rules and guidelines of the relevant platform;
3. VRS Revocation: we may revoke the aforementioned licence without notice or any correspondence entered into; and
4. Any other terms or conditions articulated to you by us.

4.3 MarineVerse will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes), without prior notice or liability to you. In addition, we may alter, amend, modify, or update any aspect or part of MarineVerse at any time in our sole discretion, and we may, at our sole discretion, permanently or temporarily discontinue or suspend any part or whole of MarineVerse at any time without prior notice or liability to you.

4.4 You acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from:

1. any action taken or reliance made by you on the functionality of any part or whole of MarineVerse; or
2. any action taken or reliance made by you on any content, video, information, ideas, concepts, strategies, or material on MarineVerse.

5. Ownership of VRS Intellectual Property

5.1 You acknowledge that VRS owns or licences all legal right, title and interest in and to MarineVerse and all materials on MarineVerse, including all intellectual property rights which subsist in MarineVerse including but not limited to all data, text, graphics, animation, logos, photos, recordings, videos, software, look, feel, etc, (the “MarineVerse Materials”). You hereby agree not to sell, license, distribute, copy, modify, perform, edit or otherwise make use of the MarineVerse Materials.

5.2 Your access to MarineVerse does not give you any ownership rights to MarineVerse.

5.3 MarineVerse© is a registered trademark and property of VRS.

6. Payments

6.1 We distribute MarineVerse via third party platforms which collect and process Fees (“Third Party Platform”). Any Fees processed through a Third Party Platform will be in accordance with the general terms of that Third Party Platform. You are responsible for making your own enquiries into the terms and conditions of the relevant Third Party Platform. All enquires or issues relating to processing of Fees must be directed to the Third Party Platform. In no event shall we be responsible or liable for any Fee processing issue or error through a Third Party Platform.

6.2 You acknowledge that VRS may charge or introduce a fee or fees (“Fees”) to access or use any part or whole of MarineVerse. You agree to pay any Fee where applicable to continue access to any part or whole of MarineVerse. Fees for access or use of MarineVerse will be published on MarineVerse or by the Third Party Platform (as updated from time to time).

6.3 Payments via the Third Party Platform are in Australian dollars unless the Third Party Platform permits you to choose another currency and you do so.

6.4 You acknowledge, confirm, and agree that:

1. all details you provide to VRS and the Third Party Platform are true and accurate, that you are an authorised user of the credit or debit card used to make payments to VRS and that there are sufficient funds to cover the cost of MarineVerse;
2. foreign exchange rates may fluctuate and that all charges are subject to such changes; and
3. We may, at our sole and absolute discretion, increase, decrease, modify, alter, introduce or remove any fee or tariff charged by us, either permanently or temporarily.

7. Warranties, Limitation and Indemnity

7.1 To the fullest extent permitted by law, VRS excludes:

1. all liability in respect of loss of data, or any consequential or incidental damages to your device, virtual reality headset or hardware, computer system and network for any damage (directly or indirectly) caused by using MarineVerse or any third-party links included in MarineVerse, including any damages resulting from computer viruses;
2. all liability in respect of any injury, illness, damage to property, death, or bodily harm arising from your failure to review or adhering to Health and Safety Warnings, performing unsafe acts, or attempting to recreate any part of whole of MarineVerse in real life; and
3. all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

7.2 Subject to you providing evidence of the purchase of any part or whole of MarineVerse, if any legislation operates to prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations, then to the full extent permitted by law, we limit our liability in respect of any such claim to, at our option:

1. to the replacement of the goods or the supply of equivalent goods;
2. to the repair of the goods;
3. to the payment of the cost of repairing the goods, or replacing the goods or of acquiring equivalent goods.

7.3 You will indemnify and hold VRS, its subsidiaries, directors, officers, employees, contractors, agents, Related Bodies Corporate (as defined by the Corporations Act 2001) and licensors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of Your use of MarineVerse, your breach of these Terms, or you violation of any applicable law or the rights of any third party.

7.4 You acknowledge that we are not responsible for any interactions or communications that you may have with any user on MarineVerse or third-party platform. VRS is not directly involved in any communications between you and any other user of MarineVerse. You acknowledge that we are not responsible for the acts or omissions of any user of MarineVerse. We make no representations about the suitability, reliability, or accuracy of any content or information provided by any user whether provided on MarineVerse or in interactions between you and the user whether via MarineVerse, a third-party platform, or otherwise. You hereby indemnify VRS against any claim, injury, damage or cost arising out of any communications you may have with any user through or in connection to MarineVerse.

7.5 MARINEVERSE AND ALL INFORMATION AND MATERIALS PROVIDED THROUGH THE SAME ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, VRS, AND EACH OF ITS JOINT VENTURERS, LICENSORS, SUPPLIERS, VENDORS, DISTRIBUTORS, ADVERTISERS AND OTHER CONTRACTING PARTIES, SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

8. Termination

8.1 You agree and acknowledge that we may suspend or terminate any MarineVerse Account that you may have with MarineVerse and remove or suspend any part or all of your MarineVerse Account at any time for any reason, including but not limited to if we believe that you have breached these Terms, without notice to you. You agree that we will not be liable to you or any third parties for any such termination or suspension and that any termination or suspension does not limit any other remedies that VRS may have against you at law.

8.2 You agree that these Terms remain in effect after your MarineVerse Account is terminated or suspended.

9. Third-Party Websites, Goods, and Services

9.1 MarineVerse may contain links to websites, goods, and services operated or provided by third parties. Those links are provided for convenience and may not remain current or be maintained. VRS does not endorse any of these third parties or the information, products or services that they provide. Any correspondence between you and the third party are solely between you and the third party and your access and use of the third party services are solely at your own risk. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over those linked websites.

10. Miscellaneous

10.1 These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by VRS without restriction.

10.2 The failure to require performance of any provision shall not affect either VRS’s or your right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

10.3 These Terms shall be governed and construed in accordance with the laws of Victoria, Australia. If a court proceeding is permitted under these Terms, then you and VRS agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Victoria, Australia.

10.4 These Terms represent the entire agreement between you and VRS relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or policies made by VRS as set forth above.

10.5 No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.