Last updated April 24, 2022
Before attempting to sail in a real world - make sure to undertake appropriate training with a qualified instructor.
By using the MarineVerse Platform, you agree to be bound by these Terms and our policies made available by VRS from time to time at https://www.marineverse.com/privacy and https://www.marineverse.com/marineverse-cup/rules (Policies) which are incorporated into these Terms by reference. By accepting our Terms, you warrant and acknowledge that:
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:
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:
3. Health and Safety
3.1 The MarineVerse Cup product is rated “Comfort: Moderate” by the Oculus 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.oculus.com/legal/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 MarineVerseif you susceptible to:
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:
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 email@example.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:
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:
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.
6.1 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:
7. Warranties, Limitation and Indemnity
7.1 To the fullest extent permitted by law, VRS excludes:
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:
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.
8.1 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.
10.1 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.