These Terms of Service and License Agreement ("Terms") and our Privacy Policy (located at https://privacy.overdare.com) apply to the use and management of OVERDARE, which includes the applications software ("App Software"), associated media, all software related to online modes, all printed materials, manuals, all online or electronic documents, and all copies of such software and materials (collectively, the “App”). This App is published by OVERDARE Inc. ("the company", "we", "our", or "us"). These Terms also apply to the use and management of services related to or supported by the App (collectively, the “Services”).
The terms "user", "you", or "player" refer to the person who uses the App or Services: (i) installing, copying, or otherwise using the App Software; (ii) using the App; or (iii) if you are under 13 according to the laws of your country and choose to use the service, we may request the consent of your parents or legal guardians. You should confirm that you have the authority to enter into a contract with us.
BY CLICKING "AGREE" OR "ACCEPT", OR BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND OUR PRIVACY POLICY LOCATED AT https://privacy.overdare.com/.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT OR OUR PRIVACY POLICY AT https://privacy.overdare.com/, DO NOT CLICK "AGREE" OR "ACCEPT" AND DO NOT USE THE SERVICE.
PLEASE NOTE THAT, EXCEPT WHERE PROHIBITED BY LAW, THE ARBITRATION AGREEMENT SPECIFIED IN SECTION 11 AND THE CLASS ACTION WAIVER IN THE SECTION BELOW 14 REQUIRE THAT ALL CLAIMS YOU MAY HAVE AGAINST THE COMPANY OR APP BE ARBITRATED INDIVIDUALLY. THE INDIVIDUAL ARBITRATION MEANS YOU ARE WAIVING YOUR RIGHT TO A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THE CLASS ACTION WAIVER MEANS YOU CANNOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
TO USE THE APP OR SERVICES ON SPECIFIC PLATFORMS OR DEVICES, YOU MUST ACCEPT AND COMPLY WITH THE RULES OF ALL EXTERNAL PLATFORMS OR DEVICES APPLICABLE TO THE SPECIFIC APP, INCLUDING BUT NOT LIMITED TO THE TERMS OF SERVICE AND PRIVACY POLICY OF THE THIRD-PARTY PLATFORM.
In general, the App and Service will be available in all regions except China and South Korea. We are not liable to reimburse any of the damages that may occur while accessing the Game or Service from these regions without our prior written permission.
Subject to your agreement and compliance with these Terms, the company grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to download, install, and use one (1) copy of the App on a computer, console, mobile phone, handheld device or any other similar device known now or invented in the future (each, a "Device") solely for your personal use ("License"). The License is non-transferable in accordance with Section 3(e) (agreement to transfer accounts). All rights not expressly granted by this License are reserved by the company and, if applicable, the licensors. The App is licensed, not sold, to you. This License does not grant you any ownership or title in the App and should not be construed as a sale or transfer of any intellectual property rights or other rights in the App. The License will automatically terminate if you do not comply with these terms. In that case, you must remove all copies of the App Software. You may also terminate the License at any time by removing the app software (including archive copies) from your Device.
Subject to your agreement and compliance with these Terms, the company grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to: (i) create images, videos, sound effects, recordings, music in the App ("App Play Videos") using the App assets in live or recorded App play, and (ii) distribute those App Play Videos on a website that allows others to view them without any charge. You may not License or sublicense your App Play Videos for a fee or other commercial purpose without first obtaining our written consent. You may not include in your App Play Videos (or any place linked to or nearby the video on the same web page) content that we prohibit in these Terms or the code of conduct. All App Play Videos must include the following disclaimer in a conspicuous font at the start of the video, or near the video in the case of live streaming: "This video is not approved or sponsored by OVERDARE Inc. and is subject to the terms of service of the App." We reserve the right to terminate the limited License granted to you to create, distribute, or otherwise provide App Play Videos for any reason (or no reason) without notice or liability to you.
(a) These Terms can be checked at any time on the official website of the App.
(b) The Company may at its sole discretion change or update these Terms at any time within the extent consistent with applicable laws and regulations.
(c) Significant changes to these Terms will be notified to you as determined solely by the Company. If you cannot accept future changes to these Terms or you no longer comply with these Terms, you may terminate these Terms according to Section 9 (Period and Termination) and can no longer use the App or the Service. Otherwise, you are responsible for regularly checking this page to record changes. Continued use of the App or Service after posting updated Terms means that you agree to these changes and updates.
(d) The Company may provide updates, patches, and other modifications that must be installed to properly use the App or to prevent it from being unusable. The Company can update, patch, or modify the App remotely, and can access the App software installed on your device for these purposes, and you grant the Company the right to distribute and apply these patches, updates, and modifications. All provisions of these Terms mention the App, including all patches, updates, and modifications.
(e) The Company may upgrade, change, or terminate the App software or the Service, and may discontinue the provision without additional notice to you.
Company provides the App and the Service to Users only for personal, non-commercial and entertainment purposes, as limited by these Terms. You agree not to violate any of these Terms. Violation of any portion of these Terms may lead to temporary or permanent suspension of your Account that you create with us in relation to the App and the Service or your access to the App or Services. Violation of any portion of these Terms may, in some instances, require an investigation by the Company (although Company is not obligated to do so or to monitor access to or use of the App or Services), in accordance with these Terms. You agree to only use the App and the Services, or any part of them, in a manner that is consistent with these Terms, and you SHALL NOT, AND SHALL NOT ATTEMPT TO:
(a) without written permission from Company, use, advertise or exploit in any manner the App or the Services (in each case in whole or in part) for non-personal, commercial purposes;
(b) use the App or Services in connection with unauthorized software, applications, services, or Devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;
(c) use the App, or permit use of the App, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise allowed through normal operation of the App (as it is intended to be played) or explicitly permitted by Company in writing;
(d) make copies of the App or the Services (in each case in whole or in part), except that you may make one (1) copy of the App for backup or archival purposes, or make copies of the materials accompanying the App for non-commercial backup and reference only;
(e) sell, rent, lease, license, distribute, upload to any Internet server or other website, or otherwise transfer any portion or copies of the App or Services without the express prior written consent of Company which may involve the payment of a fee (for the Account and, separately, any digital assets); or attempt to access or search the App or Services or download content from the App or Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than software provided by Company or other generally available third-party web browsers.
(f) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the App or Services (in each case in whole or in part) or infringe any patent, trademark, copyright or other proprietary rights, except as applicable law expressly permits, in which case any and all lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company or its licensors on creation, in any event, and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);
(g) remove, disable, avoid, impair, descramble, or circumvent any security protections or any technical measures that control access to the App or Services, or attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
(h) upload, modify, share, display or publish any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any Device resource;
(i) remove, modify, deface or circumvent any proprietary notices or labels contained on or within the App or Services;
(j) export or re-export the App or Services or any copy or adaptation of the App or the Service in violation of any applicable laws or regulations;
(k) create data or executable programs that mimic the data or functionality in the App or Services;
(l) steal or publish information belonging to others (including but not limited to personal information or personal data, non-personal information, and payment information) without requisite consent or a license;
(m) impersonate any person, including Company, our affiliates, our designated partners, our designated representatives, or our employees;
(n) harm the reputation of Company, our affiliates, our service providers or licensors, or the reputation of the App or the Services;
(o) post, link to, advertise, promote, or transmit anything that is illegal, invasive of privacy, harmful, threatening, abusive, blasphemous, harassing, tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, pedophilic, libelous, obscene, hateful, racially or ethnically offensive, or relating to or encouraging money laundering or gambling;
(p) take advantage of the Company or others by exploiting, deceiving or misleading others in any way (as determined in our sole discretion);
(q) use the App or Services (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the provision, delivery or support of the App or Services;
(r) exploit errors and bugs found while playing the App or using the Services;
(s) violate any applicable law, rule, or regulation in connection with your access or use of the App or Services;
(t) access or use the App or Services for any purpose that is beyond the scope of the App’s or the Services’ intended use (in Company’s sole judgment), such as tampering with, or using non-public areas of the App or Services, the computer systems of Company or its providers, or the technical delivery systems of Company and its providers;
(u) use, develop, advertise, trade, or distribute unauthorized programs, including but not limited to any programs that intercept communications in the App between a app and a app server or between a Service and its server, or any unauthorized third-party programs or Devices that may affect the App or normal app play or access to the Services (including but not limited to hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify app data by reading the app memory, etc.).
(v) disrespect or use offensive words, symbols, or other communication (determined by context and in Company’s sole discretion) towards others, including based on their race, gender, nationality or otherwise;
(w) create offensive nicknames or those that may provoke negative imagery;
(x) upload, modify, share, display or publish any information that is harmful to minors;
(y) use someone else’s Account to access the App or Services;
(z) use IP proxying or other methods to disguise the location of your use or Device, whether to circumvent geographical restrictions on the use of the App or Services or for any other purpose or in a way that violates these Terms;
(aa) use, display, mirror, or frame without our express written consent the App or Services or any individual element within the App or Services, the name or any trademark, logo or other proprietary information of Company, our affiliates, our service providers or licensors; or
(ab) encourage or enable any other individual to do any of the foregoing.
Any action which is not defined in these Terms that negatively impacts the delivery of the App or Services, or that negatively affects other players, may be subject to warning and penalty, including termination of the License granted to you herein.
Furthermore, you agree that you shall abide by any safety information, security instructions, required updates, or any other relevant notices contained on the App’s official website, in the App’s manual, or otherwise associated with the App or Services.
The accessibility of the App and Services may be subject to the Company shutting them down, in whole or in part, for any period the Company deems appropriate to enable the update or technical maintenance of the App or Services, or any other action that the Company determines in its sole discretion. The availability of the App and Services may also be subject to your geographic location. The Company may make amendments to the App and Services or restrict access (including cancellation, termination, modification or suspension of a User’s Account or License) by all or specific Users without notice and in its sole discretion.
The License confers to you no title or ownership in the App, including any in-App items, or Services, and it should not be construed as a sale of any rights in the App or Services.
You agree and acknowledge that all rights, title, and interest, including intellectual property rights in and connected with the App and the Services and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the App, and any related documentation) (the “App IP”), are owned by Company or its licensors. We do not provide you with any interest in the App IP and you hereby agree that you do not, and will not, claim any ownership rights in the App IP. Except as expressly authorized by us in writing, you may not create works based on the App IP or modify, distribute, or transmit the App IP. If you do not abide by the requirements of this Section, we shall own all right, title, and interest in any works created, adapted, distributed, or transmitted via the App or Services, or, in the alternative, have an unlimited license thereto.
(1) Company or its licensors own all rights, title and interest, including all intellectual property rights, in and to any content you, as a User, submit to Company via the App or the Services (“Player-Created Content”). To the extent that full title, rights or interests to Player-Created Content does not automatically vest in Company or its licensors for any reason (for example there may specific laws in your territory which impact these rights being automatically vested in Company or its licensors), you hereby legally transfer, assign and convey all rights, title and interest (including all intellectual property rights) in Player-Created Content to Company. If rights, title or interest in and to Player-Created Content cannot be legally assigned, transferred or conveyed to the Company, whether in whole or in part, you hereby grant to Company a free, perpetual, worldwide, irrevocable, transferable, sublicensable right to use the Player-Created Content (including to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player-Created Content) for any purpose, commercial or otherwise, in any format existing now or in the future. You also agree to waive any right to claim that Company’s or Company’s sublicensee’s use of Player-Created Content violates or infringes any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, or rights to any credits for the material or ideas set forth therein.
The Company or its licensors have ownership rights and intellectual property rights to the App and Services.
All Player-Created Content must acknowledge and display the appropriate copyright and trademarks. Using third-party intellectual property without a license or permission is not permitted.
All Player-Created Content must not contain (or link to) other sources or advertisements containing any hacks, exploits, virtual currency farming, illegal activities, content that would conflict with the App’s ratings, if applicable, or any other inappropriate content as determined by Company.
The Company does not commit to any monitoring or supervision of Player-Created Content. However, there may be situations in which the Company does need to monitor, screen, edit, block or remove any Player-Created Content, in whole or in part, sent through or appearing in the App or through the Services (for example, if the Company considers the Player-Created Content may be in breach of these Terms, may cause harm, or if otherwise required to by law).
By making Player-Created Content, you agree to these Terms and Company’s Privacy Policy. Furthermore, you agree to indemnify Company from any legal claims or fees that arise in relation to your Player-Created Content.
The App is protected by the copyright laws of the United States, international copyright treaties and conventions, United States and common law trademark laws, and other relevant laws. All rights are reserved worldwide. The App contains certain materials licensed by Company from others, and Company and its licensors may protect their rights in the event of any violation of these Terms.
(2) The Company and its license providers retain all ownership, licensing rights, and any other proprietary rights to the content associated with the application. You are granted a limited license to use the data within the application (including items, virtual currency, etc.) or any similar content, subject to compliance with the Terms of Service and any applicable codes of conduct. However, you do not hold the copyright or any other rights to the in-app data in your possession. Unauthorized transfer, sale, donation, or trade of virtual property outside the confines of the application without explicit consent from the Company is prohibited.
As part of the App and Services, OVERDARE may provide a “Generative Service” to assist you in creating creative content. Through the Generative Service, you may receive assistance from OVERDARE in areas including, but not limited to, illustration creation, media generation, and adaptation. The Generative Service is provided “as is” except to the extent prohibited by law, OVERDARE and its affiliates make no warranties (express, implied, statutory or otherwise) with respect to the Generative Services, and disclaim all warranties including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, quiet enjoyment, and any warranties arising out of any course of dealing or trade usage. We do not warrant that the Generative Services will be uninterrupted, accurate or error-free, or that any content will be secure or not lost or altered. You may provide Player-Created Content for use with the Generative Services, and receive media assets, text responses, suggestions, or other items as may be further specified in the App, produced by or with the assistance of the Generative Services (“Outputs”). Subject to your compliance with these Terms of Use, OVERDARE hereby retains all right, title, ownership, and interest in and to the Outputs. OVERDARE may use Outputs and Player-Created Content to provide and maintain the App or Service, improve the Generative Services, comply with applicable law, and enforce our policies. You are responsible for Player-Created Content, including for ensuring that it does not violate any applicable law or these Terms. Due to the nature of machine learning, outputs or suggestions may not be unique across users and the Generative Services may generate the same or similar outputs for OVERDARE or a third party. Responses that are requested by and generated for other users are not considered Player-Created Content.
By using the Generative Services you understand and agree that Outputs may not always be complete or accurate. Generative Services may not be used to intentionally create offensive, discriminating, illegal, or infringing content. Inputting the likeness, personal data, or intellectual property of a third party without obtaining their permission is prohibited. You may not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, legal, medical or other important decisions about them. If Output references any third party products or services, it does not mean that the third party endorses or is affiliated with OVERDARE. All suggestions, Outputs, responses, and content generated by the Generative Services are purely coincidental and are a result of algorithmic computations. Any resemblance or similarity to real-life situations, events, or individuals, living or dead, is purely coincidental and unintentional. Users should not interpret any Outputs from the Generative Services as reflecting or commenting upon real-world events or individuals, or expressing the views, opinions, or beliefs of OVERDARE. The creators and operators of the Generative Services disclaim all liability for interpretations or actions taken based on their Outputs, and you further agree to indemnify OVERDARE and its affiliates from and against any costs, losses, liabilities and expenses (including reasonable attorney’s fees) from third party claims arising out of your use of the Generative Services or violtion of these Terms.
The Company and its licensors will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the App or Services, including where the damage or loss results from our breach of these Terms.
The App or Services may be changed or suspended temporarily and without notice for any reason, including where we decide to end the App or Service (in whole or in part), in the case of system failure, maintenance or repair, or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms, we will not be liable to you or to any other person in the event that all or part of the App or Services are unavailable, discontinued, modified or changed in any way.
The Company and its licensors do not accept any responsibility for:
(a) any damage or loss caused to you where you are not entering into these Terms as a consumer;
(b) any failure, suspension or termination of access to the App or Services or any content in connection with or arising out of a force majeure event. In these Terms, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; or
(c) any claims brought against you by a third party except as stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE IN ANY WAY FOR ANY: (i) LOSS OF PROFITS; (ii) LOST REVENUE; (iii) LOST SAVINGS; (iv) LOSS OR EXPOSURE OF DATA; OR (v) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, OR THE SERVICES, EVEN IN THE EVENT OF OUR FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY ARISING UNDER, RELATING OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES OR INJURIES, EXCEED FIFTY U.S. DOLLARS ($50). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW.
You agree that you will compensate (in legal terms this is often referred to as indemnifying) the Company, its partners, affiliates, contractors, licensors, officers, directors, employees, and will defend, protect, indemnify and hold harmless Company from any claims, lawsuits, damages, losses, liabilities and expenses (including reasonable legal and attorneys’ fees) arising directly or indirectly out of or in conjunction with your acts or omissions including: (A) use, or misuse of the App or Services, including any Generative Services; and (B) your breach of any of the provisions of these Terms. Company reserves the right to assume exclusive defense and control over all matters subject to indemnification by you.
Save as set out in Section 7 (Limitation of Liability; Indemnification) below, the Company and its licensors are not responsible for:
(a) any interruption of the App or Services, use of the App or Services, or termination of an Account due to any action or fault of the User;
(b) any action of a telecommunications provider to cease or fail to provide the telecommunication service;
(c) any unavoidable reasons that cause the App or Services to fail, such as maintenance, replacement, regular inspection, construction, etc., save with respect to intentional or material negligence of the Company;
(d) any problems caused by the User’s Device or problems related to the network environment;
(e) the information, data, facts, reliability, accuracy, quality etc. of such content posted or transmitted by the User or a third party in the App or Services or on the official website of the Company or App;
(f) your interactions with other Users or third parties when using the App or Services (we may, at our sole discretion, attempt to mediate disputes between Users, but we are not obliged to become involved or become responsible in any way with such disputes.);
(g) anything which is the responsibility of a third party (unless they are under the direction and control of the Company);
(h) any loss involved when making selections or using the App or Services, particularly when Users fail to receive the results they expect of the in-App items;
(i) any loss of the User’s in-App assets (such as in-App currency or in-App items); or
(j) circumstances in which the Company limits the Users’ use of App or Services in accordance with the relevant laws or government policies.
Save as set out in Section 7 (Limitation of Liability; Indemnification) below, Company and its licensors do not make any promises regarding your use of the App and Service. The App and Services are provided “as is” and “as available,” without warranty of any kind (including any implied warranty of merchantability, non-infringement, quiet enjoyment, fitness for a particular purpose, or any warranties arising out of course of dealing, course of performance, or usage of trade), to the maximum extent permitted by law. You acknowledge that use of the App and Services is at your sole risk. Company and its licensors do not make any promises that you will be able to enjoy continuous, error-free, secure or virus-free operation of the App, Services or your Account.
Please note that some jurisdictions do not allow the above warranty limitations, so these limitations depend on where you live and may not apply to you.
The App or Services may allow you to access third-party websites or services, and we provide access only as a convenience and are not responsible for any content, products, or services available through these websites or resources. You acknowledge sole responsibility for, and assume all risks arising from, your use of any such third-party websites or services.
These Terms are effective unless and until terminated by either you or Company. Company or the User may terminate the License or the User’s access to the App or Services at any time, for any reason or no reason at all, without prior notice. Termination by Company will go into effect immediately upon the termination or deletion of your Account. This Agreement, and any license granted by Company to you, is terminated immediately when you delete the App Software. Except as required by applicable laws or permitted by our Refund Policy, Company will not issue a refund for any in-App currency or in-App goods or items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that Company is not liable to provide a refund for any reason, even if you terminate the Terms. You are fully responsible for any problem that may occur due to inaccurate information you provided when registering an Account, and you also acknowledge that Company reserves the right to terminate your Account if the information you provided is inaccurate.
Sections 2 (Amendments, Updates, and Patches), 3 (Prohibited Uses), 5 (Ownership), 6 (Player-Created Content), 7 (Limitation of Liability; Indemnification), 8 (Disclaimers), 9 (Period and Termination), 11 (Grievance Handling and Dispute Resolution; Arbitration Agreement), 12 (Inadequacy of Damages) 13 (Governing Law and Disputes), 14 (Class Action Waiver) 17 (Payment Policy) 18 (Refund Policy) 19 (Other Policies), 20 (Miscellaneous), shall survive any termination of these Terms.
Transfer of the License to access and use the App can only occur as set out in these Terms.
a) If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Before taking any formal action, you agree to first contact us in writing and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within thirty (30) days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this Section. Please forward your dispute to: OVERDARE, Legal Department, 9th Floor, 152, Apgujeong-ro, Gangnam-gu, Seoul, Republic of Korea, 06030. .
b) Subject to subsection (a) above, you and Company agree that any disputes arising out of or in connection with this Agreement shall be finally settled by arbitration by the Korean Commercial Arbitration Board, in accordance with the International Arbitration Rules of the Korean Commercial Arbitration Board. The number of arbitrators shall be one. The seat, or legal place, of arbitral proceedings shall be Seoul, the Republic of Korea. The language to be used in the arbitral proceedings shall be English. In any action or suit to enforce any right or remedy under this Agreement, to interpret any provisions of this Agreement, or to settle a dispute between the parties hereto, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees and expenses. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU HEREBY WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. If a dispute arises between Company and the User, Company shall faithfully demonstrate the measures taken in respect of the User, including any restrictions of usage, and will comply with result of any arbitration decision.
c) The Company has the sole discretion on whether to, and to what extent to, but no obligation to, enforce any rights of Company or take any actions as stated in these Terms.
d) This agreement to arbitrate disputes is intended to encompass all disputes or claims arising out of your relationship with Company, including our respective subsidiaries, affiliates, predecessors in interest, successors, licensors, and assigns, arising out of or relating to the App or Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory).
Without prejudice to any other rights or remedies that Company may have, you acknowledge and agree that compensation by way of damages alone would not be an adequate remedy for any breach of these Terms by you, because Company would suffer irreparable losses if you breach these Terms. Accordingly, you agree that Company and its licensors shall be entitled to the remedies of an injunction, specific performance or any other equitable remedy, in addition to any other remedies available to it under the applicable law. For the avoidance of doubt, Company and its licensors shall be entitled to an injunction, specific performance or any other equitable remedy without bond, other security or proof of losses.
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. (i) If you live in the United States, these Terms shall be interpreted and governed by the laws of the State of California, the courts of the State of California shall have exclusive jurisdiction for all purposes regarding this Agreement, and venue of any action brought hereunder shall be exclusively in the County of Contra Costa. (ii) If you live in the European Economic Area or the United Kingdom, these Terms shall be interpreted and governed by the laws of the Netherlands. (iii) If you live anywhere else, these Terms shall be interpreted and governed by the laws of the Republic of Korea and all lawsuits related to these Terms are subject to the jurisdiction of the courts in Korea pursuant to relevant laws such as the Code of Civil Procedure. Other laws may apply if you use the App outside of these locations. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that local law applies.
Consistent with the foregoing arbitration agreement, you agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the App or Services or these Terms. You also agree not to seek to combine any action or arbitration related to the App or Services or these Terms with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitrations.
If you think any materials from Company or Company-branded websites infringe your copyright-protected work under the copyright law, you may provide an infringement notice to Company’s designated agent as set forth below. Also, to ensure your notice is effective, you must include the following information:
(a) Sufficient details to enable us to identify the work claimed to be infringed;
(b) Your contact information, including your address and email address;
(c) A statement that you have a good faith belief that the disputed work is not authorized by the copyright owner, its agent, or the law;
(d) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right in the work that is allegedly infringed; and
(e) Your physical or electronic signature;
The contact information of Company’s designated agent is as follows:
BLUC is the official in-game currency in OVERDARE, used for purchasing avatar items and accessing paid interactive content. Please note that BLUC does not hold the same value as real-world currency and does not accrue interest. Additionally, BLUC is distinct from “Earned BLUC” obtained through Creator Hub and cannot be exchanged for any form of legal tender.
You may only use, acquire, or purchase BLUC in accordance with OVERDARE’s Terms of Service and guidelines. If you use or distribute BLUC in violation of these rules, the transaction will be considered invalid, and your account may be immediately suspended or terminated.
All BLUC-related transactions are non-refundable. Except where otherwise required by law, all payments are final.
BLUC provided free of charge through promotions or events is subject to a specified usage period. If not used within the specified period, the BLUC will automatically expire, with the Company assuming no liability in this regard.
OVERDARE retains all rights to BLUC and may modify, revoke, or terminate your license to use BLUC at any time without prior notice or additional liability to you.
OVERDARE is under no obligation to exchange BLUC for items of value and does not guarantee its availability or value.
OVERDARE also does not acknowledge or accept responsibility for any sales or transfers of BLUC through third-party platforms.
OVERDARE reserves the right to modify its policies regarding BLUC at any time. Such changes may include limiting the amount of BLUC you can acquire or adjusting purchase prices, among other modifications.
The billing and payment for BLUC or content purchases shall primarily follow the policies or methods set by third-party platforms such as Google Play Store, Apple App Store, and Xsolla.
Limits on each payment method may be assigned or adjusted according to the policies of the Company, third-party platforms, or government regulations. If any threshold is exceeded, additional use of paid content may not be possible for a certain period of time.
If content purchase payments are made in a currency other than USD, the actual billed amount may differ from the price displayed in the service store due to exchange rates, fees, and other charges.
All payments you make on OVERDARE are final, except where explicitly required by law.
OVERDARE reserves the right to adjust sale prices at its discretion and shall not be held liable for any resulting price differences.
Except as set forth herein, all sales for paid content related to the App or Services including in-App items and In-App currency are final, and Company is not obligated to issue any refunds for sales of paid content except as required by applicable laws, as permitted by a third-party platform’s refund policy, or as provided by the In-App Currency Policy in the Rules of Conduct (Section 8). Requests for refunds for any paid content must be made directly to the third-party platform as prescribed in the third-party’s refund policy. If requested by the third-party, Company will review and process a User’s request for refund consistent with any applicable laws, the third-party’s refund policy, and the Rules of Conduct. In case of termination due to your breach of these Terms or the Rules of Conduct, you are not entitled to any refund.
a) Company may use the Privacy Policy and other policies to cover specific details that are not covered in these Terms in order to protect User interests and maintain order in the App and Services.
b) You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an Account to play the Game.
These Terms constitute the entire understanding and agreement between Company and you with respect to the App and Services and supersede all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between Company and you regarding the App and Services. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect. Company’s failure to enforce any of the rights or provisions hereof shall not be construed to be a waiver of such right or provision. Any waiver of such right or provision will be effective only by a writing signed by Company.
If you have any questions concerning these Terms or the License contained herein, you may contact Company at ovdr_legal@overdare.com
These Terms of Service has been translated into other languages for your convenience. If there is any discrepancy between the English version of the terms of service and the versions in other languages, the English version shall take precedence.