This agreement (“Agreement”) is between you and Riptide Interactive (“Riptide” or “us” or “we” or “our”) regarding the "Tidal Nexus Online" computer game and all related software, files, documentation, updates, upgrades and derivative works (collectively the “Game”). Riptide Interactive developed and owns the Game, and is licensing the Game to you on the terms and conditions set out below.

By accessing or using the Game you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Game.

1. Limited Licence

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access and use the Game for your personal non-commercial gameplay. You may download information, images, artwork, text, video, audio, pictures and other materials from the Game to the extent necessary to access and use the Game for the purposes of this Agreement. However, you must not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create any derivative work from any of those materials or any other portion of the Game without our prior written approval. We, and our licensors, reserve all rights not specifically granted to you in this Agreement.

2. Other Prohibitions

Except as expressly set out in this Agreement, or as we may otherwise expressly agree in writing, you will not: (a) commercially exploit the Game or distribute, lease, license, sell, rent, grant a security interest in, lend or otherwise transfer or assign the Game or any copies of the Game; (b) remove, alter, or conceal any proprietary notice contained in the Game; or (c) encourage, assist or allow any third party to any of the foregoing.

3. Ownership

The Game is protected by copyright law and by national and international laws, treaties and conventions. As between you and us, we own all right, title and interest in the Game, including all computer code, titles, text, images, animations, artwork, audio, video, designs, sounds, themes, objects, characters, character names, stories, dialogue, concepts and trade-marks, the graphical design of the user interface, the "look-and-feel" of the user interface, all modifications, customizations and additions thereto, and all intellectual property rights therein. Our names and logos are our trade-marks and you must not use any of them without our consent. Except as expressly set out in this Agreement, you acquire no license to, or other rights in, the Game.

4. Game Account

The Game is currently accessible through Steam and you must have a Steam account to access, download, and play the Game. You acknowledge and agree that your Steam account is provided and managed by Steam, not by us, and that your creation and use of that Steam account are subject to Steam applicable terms and conditions and privacy policies. We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party of its belief, that you may be infringing the rights of others, violating the copyrights of others, or engaging in any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Game or to any product or service available through the Game or any Riptide website for any reason or no reason, with or without notice. In the event of termination, your Account will be disabled, and you will not have access to your Account. You should be aware that, if your Account is terminated, we may not be able to return your content to you and that you may not otherwise have access to your content, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

5. Age

The Game is available only to individuals who are of legal age to form a binding contract. The Game may be used by an individual older than 13 but younger than 18 only with express authorization from that individual’s parent or legal guardian. Subject to the laws of your jurisdiction of residence, individuals older than 13 but younger than 18 may only access and use the Game through an account established by, and with the approval of, their parents or legal guardians. If you permit your minor child or legal ward to use your Account to access and use the Game, you agree to this Agreement on your behalf and on behalf of your minor child or legal ward, and you understand and agree that you will be responsible for all use of your Account by your minor child or legal ward regardless of whether you authorized that use (including the purchase of items for which we charge a fee).

6. Interruptions, Errors and Downtime

Your use of the Game might be interrupted and will not be free of errors. The Game may be unavailable from time to time due to routine maintenance, upgrades, hardware and software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands. Where reasonably possible we will give you prior notice of any scheduled service interruptions.

7. Virtual Property

You have no property interest in any virtual currency, items or other property (collectively “Virtual Property”) that you obtain or purchase through or in connection with the Game. Any purchase or acquisition of Virtual Property is the purchase of a limited, non-transferable, revocable licence to use that Virtual Property within the Game. You may not transfer or resell Virtual Property for commercial gain. Virtual Property has no monetary value, and cannot be refunded or exchanged for cash or any other tangible value. If your Account is terminated or suspended for any reason, or if we discontinue the Game, all Virtual Property is unconditionally forfeited. We have no liability for hacking or loss of your Virtual Property, and we have no obligation to (and will not) reimburse you for any Virtual Property lost due to your breach of this Agreement.

8. Restrictions on your Conduct

When using the Game or any product or service available through the Game you must comply with all applicable laws and with all of our policies and rules, as updated from time-to-time. In particular, but without limiting the foregoing, you must not:

• Hack, reverse engineer, disable, disrupt or interfere with the functioning of the Game, or modify the Game in any way;
• Use the Game in any manner that could damage or impair the Game or interfere with any other party's use and enjoyment of the Game;
• Harass or threaten any other user of the Game or any Riptide employee or representative;
• Impersonate another person, indicate that you are a Riptide employee or representative (if you are not) or attempt to mislead other players by indicating that you represent Riptide in any way;
• Attempt to gain unauthorized access to the Game, other accounts, computer systems or networks connected to the Game, through hacking, password mining or any other means;
• Upload to or transmit to us or any other player anything that may be defamatory, threatening, abusive, obscene, pornographic, harmful or invasive of anyone’s privacy, may violate any law including intellectual property, privacy or other laws, or may give rise to civil or other liability;
• Upload to or transmit to us or any other player any data, file or software that contains a virus, Trojan horse, worm, bot keystroke logger, time bomb, cancelbot or other computer programming routines that are intended to damage, interfere with intercept, mine, scrape or expropriate any system, data or personal information relating to the Game;
• Attempt to disable or circumvent any Game features that are designed to limit your access to certain information about Game users, and you otherwise will not access or attempt to access areas of the Game or its servers that have not been made available to the public;
• Use the Game for spamming, other advertising, or other bulk message transmission, or use the Game to promote or operate any service or commercial enterprise;
• Post or communicate any personally identifiable information about any other person, or use the Game to collect or harvest any information about any other person;
• Use abusive or offensive language during your use of the Game, including on any forums, chat rooms, or web sites;
• Encourage, assist or attempt to trick other players into breaking this Agreement.

9. Cheating and Fraud

We have zero tolerance for cheating and illegal behaviour. You will obey applicable laws. If we find, in our sole discretion, that you have cheated or attempted to defraud us or any other Game player in any way, or if we suspect you of fraudulent payment or any other fraudulent or illegal activity, we reserve the right to suspend or terminate your access to the Game and to share this information with other on-line gaming providers, banks, credit card companies, and appropriate agencies and authorities.

10. Disclaimers

THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE GAME, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT.

11. Limitation of Liability

YOU USE THE GAME AT YOUR OWN RISK. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE SUFFERED IN CONNECTION TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE GAME.

WITHOUT LIMITING THE PREVIOUS SENTENCE, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY RIPTIDE WEBSITE; (b) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GAME OR ANY RIPTIDE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE GAME OR ANY RIPTIDE WEBSITE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY RIPTIDE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE GAME OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE GAME OR ANY RIPTIDE WEBSITE. FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT.

12. Alpha/Beta Tests

From time to time we may offer alpha/beta test versions of one of our Services (a “Alpha/Beta”, “Test”). As the name implies, Tests are not commercial launch versions, are not guaranteed to work properly, and may make other parts of your system not work properly as well. For the license granted to you in Section 1 above to extend to the Test (meaning, for you to have permission to use the Test), you acknowledge and agree to the following terms in addition to the rest of this EULA:

• We may automatically delete or modify the information stored on your computer related to the Beta for any reason at any time during the duration of the Test;
• We may terminate the Beta test at any time, which would then render your Beta unplayable or unable to function properly;
• Termination of a Test by us is not grounds for any kind of refund and your participation in a Test does not entitle you to any compensation or any free Services, including any Content and Game Currency;
• If and when we release a full (non-Test) version of the particular Game and we may allow your use of the Game to continue to the full version. If so allowed by us, your continued use of the Game will no longer be subject to this Section 12 but will still be subject to the rest of this EULA.

13. Jurisdiction and Remedy

Because some jurisdictions do not allow certain exclusions or limitations of liability, the disclaimers, exclusions and limitations in this Agreement will apply to the fullest extent permitted by law in the applicable jurisdiction.

We operate and maintain the Game from Turkiye, and we do not represent or warrant that the Game is appropriate or available for use in any particular jurisdiction. You choose to access and use the Game on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

14. Termination of Agreement

Without prejudice to any of our rights under this Agreement or at law or equity, we may terminate this Agreement and your access to the Game immediately if you breach this Agreement.

15. Termination of Game

You acknowledge and agree that the Game is an online computer game that must be played over the internet, and that we may, at any time and in our sole discretion, stop providing access to or support for the Game without notice or liability to you. You further acknowledge and agree that we may change, suspend, discontinue or restrict your access to any feature of the Game at any time without notice or liability to you.

16. Governing Law and Disputes

This Agreement will be governed by and construed in accordance with the laws in effect in Turkiye, without reference to its choice of laws rules. You hereby attorn irrevocably to the exclusive jurisdiction of the İstanbul Courts sitting in İstanbul, Turkey; however, we may apply to a court of competent jurisdiction for interim protection or equitable relief such as an interlocutory or interim injunction.

17. Changes to Agreement

We may revise this Agreement (including any applicable fees and service charges) at any time and from time to time. We will provide notice of any changes by presenting a revised Agreement for your review when you first access the Game after the Agreement changes. We may provide such other notice as we may choose in our sole discretion. Your continued use of the Game following notice of changes to this Agreement will mean that you accept all such changes. If any change is not acceptable to you, your only recourse is to stop using the Game.

18. Changes to Game

From time to time, without prior notice, we may in our sole discretion add new features to the Game, remove existing features from the Game, or otherwise modify or update the Game. We may provide updates that must be installed on your computer for you to access and use the Game. You hereby consent to us remotely installing updates to the Game software that resides on your computer, without further notice.

19. Feedback

We’d love to hear your feedback. Either good or bad, it helps us improve! But if you give us feedback, we need to be free to use it how we want and without paying you. We welcome your feedback, comments and suggestions for improvements to the Game or Services. You can submit Feedback by reaching us at our official discord server (link to the server can be found at https://tidalnexusonline.com) or via the functionality of the Services (if available). If you provide us with any Feedback, you hereby grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, distribute copies of, publicly perform, publicly display and otherwise exploit the Feedback for any purpose and in any country. This license does not lapse or expire even if we do not exercise our rights under this license within a period of one year. If you have rights in the Feedback that cannot be licensed to us under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert those rights. You understand and agree that you are freely giving your Feedback, that we don’t have to use it, and that you will not be compensated in any way for your Feedback. You represent and warrant that you have rights in any Feedback that you provide to us sufficient to grant us and other affected parties the rights described above, including, without limitation, intellectual property rights or rights of publicity or privacy.

20. General

Waiver: No waiver, delay, or failure to act by us regarding any particular default or omission will prejudice or impair any of our rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing. Entire Agreement: This Agreement supersedes all prior agreements of the parties regarding the subject matter of this Agreement, and (together with our Privacy Policy) constitutes the whole agreement with respect to that subject matter. Assignment and Sublicensing: You may not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Enurement: This Agreement will enure to the benefit of and be binding upon the parties and their heirs, legal representatives, lawful successors and permitted assigns. Force Majeure: No party will be liable for any non-performance or delay in performance (except its payment obligations) by that party that is due wholly or in part to any cause beyond that party’s reasonable control. Interpretation: In this agreement, "we", "us", and "our" refer to Riptide Interactive alone and never refer to the combination of you and Riptide Interactive; that combination is referred to as "the parties".

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