REAL VR FISHING
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND WHICH MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF DEVS UNITED GAMES, Inc. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION. EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO DEVS UNITED GAMES, Inc. OR ITS DESIGNEES IS GOVERNED BY 3D SCENICA’S PRIVACY POLICY, AS IT MAY BE UPDATED FROM TIME TO TIME. BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS LICENSE WITH DEVS UNITED GAMES, Inc.
1. LIMITED USE LICENSE.
DEVS UNITED GAMES, Inc. 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 Agreement are reserved by DEVS UNITED GAMES, Inc. 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.
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by DEVS UNITED GAMES, Inc. or its licensors. This Application is protected by the copyright laws of South Korea and other laws. This Application contains certain licensed materials, and DEVS UNITED GAMES, Inc. licensors may also protect their rights in the event of any violation of this Agreement.
3. YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:
3-1. exploit this Application or any of its parts commercially;
3-2. 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;
3-3. make copies of this Application or any part thereof, or make copies of any of its accompanying material;
3-4. sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of DEVS UNITED GAMES, Inc.;
3-5. reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
3-6. modify, adapt, translate or otherwise create derivative works based on this Application;
3-7. disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
3-8. remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material; or
3-9. export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations. 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):
3-10. you will not use the Application following the expiration of the permitted trial period or number of uses; and
3-11. 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.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
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 Software. If you reside in a jurisdiction which restricts the use of software 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 Software. If you reside in a jurisdiction where it is forbidden by law to offer or use the Software for internet communication, you may not enter into this EULA, download, install or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Software is permitted by law.
5. CODE OF CONDUCT
5-1. In parts of the game will include Multiplayer, and communicating 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 Game, trolling, deceptive or abuse conduct is prohibited.
5-2. 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 Game in any way that is immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libellous, defamatory, threatening and/or bullying is prohibited. You must not cause disruption that will interfere with the operation of the game, 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 DEVS UNITED GAMES, Inc. in prohibited.
5-3. In applicable situations, buying or selling accounts to access the Game or in connection with the Game is prohibited.
5-4. Materials part of any third party which is utilized within the game, must be respected of property rights of the third parties and must not post, upload, release, distribute or in any other ways available on or through the game
5-5. If found to be breaching any of the clauses in section 5, DEVS UNITED GAMES, Inc. reserves the right to terminate this EULA to immediate action and the use of the Game for the user who has violated without any refund or compensation.
5-6. Actions in the game or in connection with the game is not responsible for DEVS UNITED GAMES, Inc. to moderate, monitor, or record, which includes any type of post, messages via written or voice between users, however reserves the right in regards. DEVS UNITED GAMES, Inc. may in certain cases to moderate these content and activities in order to follow the terms of this EULA for users and holds right to delete any content that breaches in terms of this EULA without any notice. DEVS UNITED GAMES, Inc. 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.
6. DISCLAIMER OF WARRANTY.
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) DEVS UNITED GAMES, INC WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) DEVS UNITED GAMES, Inc. ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF DEVS UNITED GAMES, INC WILL BE THE REPLACEMENT OF ANY DEVS UNITED GAMES, INC SOFTWARE 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.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL DEVS UNITED GAMES, INC. 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 DEVS UNITED GAMES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) DEVS UNITED GAMES, INC.’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 DEVS UNITED GAMES INC’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. TERMINATION.
Without prejudice to any other of DEVS UNITED GAMES, Inc. rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of this Application and all of its component parts and related materials.
9. PRIVACY POLICY.
You hereby authorize DEVS UNITED GAMES, Inc. to collect certain personal data about you. Your use of the Application is subject to DEVS UNITED GAMES’s Privacy Policy found at www.realvrfishing.com which is hereby incorporated into this Agreement.
10. INJUNCTIVE RELIEF.
Because DEVS UNITED GAMES, Inc. would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that DEVS UNITED GAMES, Inc. will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which DEVS UNITED GAMES, Inc. may have under applicable laws.
11. INDEMNITY.
You agree to indemnify, defend and hold DEVS UNITED GAMES, Inc., 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 Product pursuant to the terms of this Agreement.
MISCELLANEOUS.
(a) This Agreement, including the Privacy Policy, represents the complete agreement concerning the license of this Application between the parties and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter. (b) This Agreement may be amended only by a writing executed or electronically accepted by both parties. (c) If any provision of this Agreement 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 Agreement will not be affected. (d) This Agreement will be governed by the laws of South Korea.
ACCEPTANCE
BY DOWNLOADING THIS TITLE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.
DEVS UNITED GAMES, Inc. are committed to protecting and respecting your privacy.
This Privacy Policy explains how we use any personal information that we collect about you when you use the Service. By using the Service, you consent to the collection, storage and use of your personal information as described below. If you do not agree to this Privacy Policy, please do not use the Service and (if relevant) please uninstall the related application.
DATA PROTECTION COMPLIANCE
The Service is controlled by us from our offices in South Korea. Personal information collected from the Service is processed in accordance with the “Law of Personal Data Protection 10/19/2017”, which regulates the processing of personal data in South Korea. If you choose to use the Service from outside South Korea, you do so at your own risk, with the understanding that personal information collected from the Service may be collected, stored and used in a country whose privacy laws may be different and less protective than those of your home country.
THE INFORMATION WE COLLECT FROM YOU
When you use the Service (such as when registering as a member and/or using our paid-for services), you may be asked to provide personal information that identifies you personally (including “personal data” and “sensitive personal data”, as defined in the Act). This may include your name, email address, gender, date of birth, country and/or preferred language. From time to time, you may be asked to submit personal information in order to receive or use parts of the Service or for the purposes further described in this Privacy Policy. By entering your details in the fields requested, you enable us to provide you with the products, content or services you select. If you do not provide us with all or part of the personal information requested, some parts of the Service may not be available to you.
Whenever you provide such personal information (whether to us direct or to others collecting it on our behalf) or we receive it with your permission from third parties (such as social network operators), we will treat that information in accordance with this Privacy Policy.
You may decide to make certain information available for other users of the Service to see (for example, in the course of playing an online or mobile game). In this context, you should only provide information that you are entirely comfortable with providing, and we strongly recommend that you do not provide any details that could be used to make personal contact with you. Microphone is an optional feature for users to activate in terms of some function in the game. This data is processed by the servers managed by DEVS UNITED GAMES Inc. This data is not stored within the servers.
We may also collect certain usage data, such as pages visited and actions performed in offline/online services used within the Game by utilizing the analytic service. This information is generally not personally identifiable information, and generally is not aggregated with your other personal information. If it is personally identifiable, or aggregated with personal information in a way that makes you personally identifiable, we will treat the aggregated information as personal information under this Privacy Policy. We generally use usage data to improve our services to you and to customize and enhance your experience of the Service.
AN IMPORTANT NOTE TO PARENTS OR GUARDIANS
We encourage parents or guardians to take an active interest in their children’s use VR platforms, Their involvement is essential to help ensure a safe and rewarding experience for their children. Parents or guardians should be aware that there are software tools available that screen objectionable content and allow you to prevent children from disclosing their personal information without your permission.
We will not intentionally collect any personal information from children under the age of 13. Children under the age of 13 can participate in all activities on the Service that do not require submission of personal information. They may view, but may not under any circumstances participate in activities that require submission of personal information, such as message boards, contests or sweepstakes.
In addition we take particular care when processing the personal information of children aged 13 or older to ensure that such information is processed in accordance with the Act.
HOW WE USE PERSONAL INFORMATION
We may use personal information collected from the Service to enable your efficient use of the Service, as well as for marketing, promotions, research, analysis, product service and development. Where permitted, we may occasionally use your personal information to contact you by email to inform you about our products.
We will not use your personal information for marketing or promotional purposes without having first obtained your consent to do so. In any further marketing or promotional communications we send to you, we will give you the opportunity to withdraw your consent to receiving such communications in the future. To do so, please follow the unsubscribe instructions on the communications you receive. If you have opted in to allow us to share your personal information with third-party providers of products, content or services that we believe may be of interest to you, you can opt out of further direct communications from any such third party by contacting that third party direct.
We may also use your personal information for the purposes of:
Processing and administering your registration as a member and/or use of paid-for products, content or services.
Performing any contracts concluded between you and us (including our end-user licence agreement), including providing you with the part(s) of the Service that you have requested, along with any support services and any related information and communications.
Running competitions and other promotional events.
Conducting surveys as to the quality of the Service or of parts of it.
Miscellaneous customer service correspondence (such as notifying you of changes to our products, content or services).
Processing details of your personal interests and preferences submitted to us via the Service;
Processing details of your use of the Service (including traffic data, location data and other communication data) and your online or wireless activity on the Service (including information on your game usage, such as your scores and rankings).
Other general or special use that you may permit under any particular request for permission that we may make from to time.
We reserve the right to monitor your account and records to check any complaint or allegation of abuse, infringement of third-party rights or any other unauthorized use of the Service.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We may disclose your personal information to third parties where:
They provide products, content or services to us in connection with your use of the Service.
We sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
Our company or substantially all of our assets are to be acquired by a third party, in which case we may disclose your personal information to the prospective acquirer and personal data held by us about users of the Service will be one of the transferred assets.
We reasonably believe that we need to disclose your personal information to other person(s) (a) by order of any court or governmental or regulatory body of competent authority,
(b) to comply with any legal obligation,
(c) to enforce or apply our Terms of Services or other contracts and/or (d) to protect our, our customers’ or any other third parties’ rights, property or safety (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
We may also process your personal information to anonymize and aggregate it with other data and to disclose such anonymous and aggregate data to our affiliates and/or business partners.
Certain parts of the Service may allow you to post personal information alongside content generated by you (such as on message boards or through game play). In doing so, you accept that such personal information will be disclosed to other users of the part of the Service concerned, and we are not responsible for information or content that you choose to post in this way. Please think carefully before deciding what information to share in this way, and you are strongly advised not to share any data that would personally identify you (or your address or location).
Except as required or allowed by law or as set out in this Privacy Policy, we will not disclose or dispose of your personal information to any third party without your permission.
WHERE WE STORE YOUR PERSONAL INFORMATION
All information you provide to us is stored on secure servers hosted by us or third parties providing hosting, payment or other services for us.
The information we collect from you may be transferred to, and stored at, a destination outside South Korea including any destination where the privacy laws of the country concerned may be different and less protective than that of South Korea. It may also be processed by personnel operating outside South Korea who work for us or for one of our suppliers. Such personnel may be engaged in, among other things, the processing of your payment details (where applicable) and the provision of support services.
By submitting your personal information, you agree to this transfer, storing and processing.
INFORMATION SECURITY
We take every reasonable precaution to protect against the loss, misuse or alteration of your personal information and to ensure that it will be processed in accordance with this Privacy Policy. Any payment transactions will be encrypted. Where we have given you (or you have chosen) an account password that enables you to access certain parts of the Service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet, mobile networks or wireless technology is not completely secure, nor is any method of electronic storage. You acknowledge and accept that others may intercept or otherwise access the personal information you provide to us, and that any such transmission or storage is at your own risk. Once we have received your information, we use strict procedures and security features to try to prevent unauthorized access.
One easy and important way to protect your personal information is to keep your account password confidential and to close your browser when you are away from your device.
You can check and edit the personal information we hold about you at any time via the Service or by contacting us by email or post (details below).
OTHER SERVICE
The Service may interact with other online or mobile products, content or services (such as websites, social networks or mobile applications), including via (a) links from or to the Service, (b) Service log-ins hosted by third-party sites or applications and (c) Service content hosted on third-party sites or applications (such as social media plug-ins).
We may provide some of your personal information to (or receive it from) the operators of such third-party sites or applications, where required for the effective provision of such interactive features (including in the context of in-game or in-site advertising or co-branded offerings provided by us in association with third parties). We are not responsible and accept no liability for their content or their operators’ privacy practices (including any tracking technologies that they may use). Before providing any personal information to them, please refer to their relevant privacy and cookies policies.
ACCESS TO YOUR INFORMATION
If you would like a copy of the personal information that we hold about you, just contact us by email. If requested, we will use reasonable efforts to supply, correct or (as appropriate) delete information about you on our files.
HOW TO CONTACT US
If you have any questions on this Privacy Policy or our use of your personal information, you can email us at contact@devsunitedgames.com
CHANGES TO THIS PRIVACY POLICY
We keep our Privacy Policy under regular review, and we may at any time update or otherwise modify this Privacy Policy. We will notify you of any changes to our Privacy Policy by posting the modified Privacy Policy on the Service. By then continuing to use the Service, you will be bound by the modified Privacy Policy. You are encouraged to check the terms of our Privacy Policy whenever you access the Service.