Vertigo Games International, Pte. Ltd. ("VERTIGO") would like to thank you for visiting our website. This document contains the terms of use for your visit and stay at www.papayaplay.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites operated by VERTIGO (collectively, the "Website").
1. LEGAL AGREEMENT
By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct, the Privacy Policy (http://www.papayaplay.com) and any end-user license agreement applicable to our games, as they may be amended from time to time. In this Agreement, the terms "We/us/our" mean Vertigo Games International, Pte. Ltd. "You/your" means you as a user of the Website or any of our games.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the Singapore or other applicable jurisdiction. You understand that the services being offered may include certain communications from VERTIGO, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.
VERTIGO may amend this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Rules of Conduct, the Privacy Policy, and any end-user license agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website and its services, you are signifying your acceptance of any revised or updated terms.
VERTIGO is the owner of the Website. Your use of the Website is subject at all times to this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement applicable to our games. All user identities created on the Website are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, any end-user license agreement that may accompanied the VERTIGO software (the "EULA") and to which the VERTIGO software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VERTIGO services, affiliate services, third-party content or third-party software.
All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by VERTIGO or have been licensed to VERTIGO.
2. DESCRIPTION OF SERVICE
Vertigo Games International, Pte. Ltd. provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that VERTIGO is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. VERTIGO does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
3. ACCOUNT
You may be required to create an account (an "Account") to access our Website and our games. Accounts are available only to individuals 13 years or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account.
Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years old. We will require that you confirm that you are at least 18 years old to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or in the jurisdiction in which you reside have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
When creating a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy.
You, as creator of your User ID, are completely responsible for your identity. VERTIGO will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.
VERTIGO is not responsible for any misuse of your User ID, you agree to hold VERTIGO and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.
Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your User ID. If you advise us within five days of the notice that you want to keep your User ID active, we will not delete it. If you do not so notify us, your User ID will be permanently deleted, along with your User ID records, ranks and service information.
4. PRIVACY
Our Privacy Policy, which covers the usage and protection of your personal information, is published on the Website, currently at http://www.papayaplay.com, and is incorporated herein by this reference.
5. LICENSE TO USE
Subject to the terms of this Agreement and any applicable EULA, VERTIGO grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the "Services"), and a non-exclusive, revocable, nontransferable license to use any client software (the "Software") in connection with the Services, without charge.
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to VERTIGO or its licensor(s).
NEITHER VERTIGO NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
As more particularly described in each applicable EULA, VERTIGO and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by VERTIGO, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of VERTIGO and/or its licensors and are protected by the copyright laws of the Singapore, USA, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.
6. USER SUBMISSIONS
"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings on forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to VERTIGO regarding the games and services of VERTIGO or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of VERTIGO upon submission. You agree to assign and grant to VERTIGO an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.
You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not VERTIGO, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. VERTIGO shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damages of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.
All materials published in forums, chat rooms and similar venues on the Website are considered public. Therefore, VERTIGO strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, VERTIGO does not pre-screen or monitor any Submissions. However, VERTIGO reserves the right to screen, refuse or move any Submission that is available via the Website. VERTIGO has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof.
Except as expressly stated and agreed upon in advance by VERTIGO, no confidential relationship will be established in the event any user of this Website should make any oral, written or electronic communication to VERTIGO (such as feedback, questions, comments, suggestions, ideas, etc.). If any VERTIGO Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), VERTIGO shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and VERTIGO will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information. You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
7. USER CONDUCT
You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. VERTIGO will not tolerate any illegal or offensive conduct.
You agree not to take any of the following actions:
(a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) Harm minors in any way; (c) Impersonate any person or entity, including, but not limited to, a VERTIGO official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website; (e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships; (f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (h) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (j) "Stalk" or otherwise harass another; (k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above; (l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or VERTIGO employees; (m) Engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Service, the Rules of Conduct, or the Privacy Policy; and/or (n) Take any action that may prohibit other users from enjoying the services of the Website or games. VERTIGO may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within VERTIGO's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by VERTIGO's determination as to whether a violation has occurred and any penalty we choose to implement.
8. THIRD PARTY SITES
Clicking a hyperlink may direct you away from the Website. VERTIGO does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. VERTIGO therefore strongly recommends that you inform yourself regarding the practices of third party websites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VERTIGO shall not be responsible or liable for any loss or damages of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
9. OFFICIAL SERVICE AND BETA TESTING
The games are designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by VERTIGO, including but not limited to the use of "bots" and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by this Agreement and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any game accounts, characters, items, coin or copyrighted material, nor may you assist others in doing so.
You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below.
Closed Beta tests are confidential. The Beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed Beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Beta games. You will carry out the testing personally and not provide access to Beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to VERTIGO, and VERTIGO is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta games confidential will continue until VERTIGO publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta games or content that you find here. The Beta games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied.
When playing some Beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By playing a Beta game, you agree that: (i) playing Beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) VERTIGO has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these terms apply to your use of the games during the testing phase, and (vi) if it is a closed Beta test, you will keep all information (including but not limited to functions, features, graphics, and screenshots) about the Beta games confidential as stated above and not disclose such information to any other person. Beta test accounts are non-transferable under any circumstances.
10. FEES
Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. VERTIGO may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but VERTIGO will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.
You may pay for any applicable fees and charges by major credit card, PayPal or other such methods authorized by VERTIGO.
11. INTERRUPTION OF SERVICE
(a) VERTIGO reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that VERTIGO will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (b) You acknowledge that the Services may be interrupted for reasons beyond the control of VERTIGO, and VERTIGO cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. VERTIGO shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. (c) VERTIGO has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion. (d) VERTIGO is not obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c). 12. DISCIPLINARY ACTION/ACCOUNT TERMINATION
VERTIGO MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
VERTIGO can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of VERTIGO.
For the avoidance of doubt, you hereby acknowledge that VERTIGO has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined, please contact us with a full detailed explanation. We will reasonably consider your explanation.
You have the right to terminate or cancel your Account at any time by delivering notice to VERTIGO. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or VERTIGO's enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You may cancel your User ID by delivering notice to VERTIGO. VERTIGO reserves the right to collect accrued fees and charges and costs incurred by VERTIGO before your cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before VERTIGO may allow you to register again.
13. INDEMNIFICATION
At VERTIGO's request, you agree to defend, indemnify and hold harmless (a) VERTIGO, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
14. ACKNOWLEDGEMENTS
You hereby acknowledge and agree that:
(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADD-ON" OR "MOD", THAT IN VERTIGO'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY VERTIGO; OR (iii) INTERCEPTS, "MINES", OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO VERTIGO, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND VERTIGO MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. (b) WHEN THE SOFTWARE IS RUNNING, VERTIGO MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA. (c) VERTIGO may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. VERTIGO may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others. (d) VERTIGO MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING. (e) You may not hold VERTIGO responsible for any loss resulting from in-game trading activities. You may not hold VERTIGO responsible for any information that is passed between players. VERTIGO does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold VERTIGO responsible for any in-game feature or item loss. VERTIGO does not guarantee the availability of any in-game items, any Services or any levels to players.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VERTIGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) VERTIGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTs, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERTIGO OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. (e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VERTIGO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VERTIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that VERTIGO's (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that VERTIGO cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.
17. DISPUTE RESOLUTION
If a dispute arises between you and VERTIGO, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and VERTIGO agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a "Claim") in accordance with one of the subsections below.
(a) This Agreement and the relationship between you and VERTIGO shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. (b) You and VERTIGO agree to submit to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California, except as provided in subsection 17(c) below regarding optional arbitration. Notwithstanding this, you agree that VERTIGO shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction. (c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. (d) All Claims you bring against VERTIGO must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, VERTIGO may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that VERTIGO has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
18. GENERAL
You agree to comply fully with all relevant export laws and regulations of Singapore ("Export Laws") to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of VERTIGO shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of VERTIGO.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the complete and exclusive statement of the agreement between you and Vertigo Games International, Pte. Ltd. concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and VERTIGO; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
19. CLOSING
Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. VERTIGO always reserves the right to refuse or terminate service.
Effective Date: 2018.5.25
Vertigo Games International, Pte. Ltd. is committed to protecting privacy and creating a strong relationship with our users.
This privacy policy explains the use of personal information collected via (i) our websites, whether at https://www.papayaplay.com/ or other uniform resource locators (URLs) owned or operated by us, and (ii) our products and services, including without limitation those that we provide via our websites, other third party platforms, and desktop and mobile applications (collectively, all of the foregoing in clauses (i) and (ii) are hereto referred to as our "Services").
This policy does not apply to (a) the practices of companies that we do not own or control, (b) people that we do not employ or manage, (c) third party websites, whether linked to or from our Services, (d) information that you provide to us for purposes of seeking employment, provision of services to us, business proposals or similar matters, (e) information that you provide to us unsolicited, or (f) information that we collect offline.
As used in this Privacy Policy, "personal information" means information about you, the Data Subject, which can be used to identify you either directly or indirectly. This information includes your name, e-mail address, payment details, purchase history, and digital (IP) computer address, and necessary registration, profile, and product account data/history.
Important: If you do not agree with any terms or conditions described in this Privacy Policy, please do not use our Services.
INFORMATION THAT WE COLLECT
We may collect different information from you when you use our Services. The following are examples to help you better understand the types of information that we collect.
1. Information That You Provide Directly
When you use our Services, we may collect information that you provide to us directly, including without limitation:
Registration, Profile, and Account Information: Your username, password, and other related information for purposes of registration or creating a profile or account in any of our Services (and the history thereof).
Publicly Shared Information: Information that you share publicly via our Services, such as postings in community forums, message boards and blogs, chat in public channels, and your public profile. (Please be aware that such information is public information. You should not expect privacy or confidentiality under these circumstances, and we shall not be liable in any way for disclosure of such information.)
Information for Customer Support: Information that you provide when you contact us for assistance or to report a problem.
Friends List: Your friends list (e.g. if you refer others to our Services or form a group within our Services).
Sweepstakes/Promotions: Information that you provide in order to participate in sweepstakes and promotions provided through our Services.
HOW WE USE YOUR INFORMATION
We may use the information we collect for a variety of purposes, primarily for operating and improving our Services. Our uses include without limitation:
Communications: Communications with you about your account and our Services, such as new features and offerings.
Services: Providing our Services, such as fulfilling requests and resolving customer support issues.
Analysis: Analyzing trends and user behavior to improve our Services and develop new Services.
Protection: Protecting our Services from misuse and, as may be necessary or appropriate in our determination, to protect the safety and security of our users, employees and third parties, or the integrity of our Services.
Among other forms of communications, we may send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from the "options" or "settings" page within the mobile application. You also may be able to manage them from your device's settings page.
Finally, we may take your personal information and make it non-personally identifiable. We do this either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (e.g., your name) that make the information personally identifiable to you in any way. This process is known as de-personalizing your information. Given the non-personal nature of this information, no restrictions apply under this Privacy Policy on our right to use de-personalized information.
SHARING OF INFORMATION WITH THIRD PARTIES
We will not share your personal information with unrelated third party advertisers.
We will only share your personal information with third parties under the following circumstances:
Our Service Providers: To provide our Services, we may utilize or partner with other companies including, but not limited to, vendors and service providers that analyze customers' interaction with our Services, and handle consumer surveys, or companies that co-develop or co-publish games with us. While providing their services, these companies may access your personal information, but we will direct them to maintain the confidentiality of such information and use it solely for performing the applicable services.
Required Disclosures: We will disclose personal information when we believe in good faith that disclosure is required or permitted by law (e.g., court order or subpoena) or such disclosure helps (i) enforce our terms of use, contests, sweepstakes, promotions, game rules, or similar restrictions, or (ii) protect the safety and security of our users, employees and third parties, or the integrity of our Services.
Mergers and Corporate Transactions: In the event that Vertigo Games undergoes a business transition, such as a merger, acquisition, joint venture, corporate divestiture or dissolution, a sale of assets, or similar transactions, we may share, disclose or transfer your information, including personal information, to the other organizations that are parties to such transactions.
Sweepstakes and Promotions: We may share your information in connection with any sweepstakes or promotions you enter in connection with our Services, as necessary to market, sponsor, administer or fulfill them or as required by applicable laws, rules or regulations.
Offers: Our Services may display "offers" that are hosted by third party providers. The offers may, for example, provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer. To properly credit user accounts and to prevent fraud, a unique identifier, in some cases your user ID, may be shared with the offer providers. Please be aware that, after clicking on one of these offers, you will no longer be on our Services, and information that you provide will go directly to the third party provider.
With Your Permission: Additionally, if you opt-in or otherwise agree to have your information shared with a third party (or third parties), we will share your information accordingly, in which case the third party's use of your information is subject to the third party's own privacy policy.
As discussed above, we may use de-personalized information in any way, including sharing it with third parties, without your consent. Among other things, we may share some of the information we collect from you upon installing a mobile application with vendors and other service providers who are working with us in connection with the operation of Our Services and/or for analytics purposes which may require the reproduction and display of de-personalized information. You may be able to "opt out" of the collection of your information for third party analytics purposes by following the directions provided by our third party analytics vendor. If you "opt out" with one third party analytics provider, that action is specific to that provider only and does not otherwise limit our information collection under the terms of this Privacy Policy.
SECURITY OF YOUR INFORMATION
We are committed to safeguarding your information, and we implement reasonable security measures to protect the security of your information. We also constantly update our technology with the goal of better protecting your information.
While we take reasonable precautions against possible security breaches, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will not occur. If we become aware that a breach involving your personal information has occurred, we will notify you within 72 hours and detail any information involved in said breach.
We urge you to take steps to keep your personal information safe, to use strong passwords, to log out of your account after use, and to use different passwords for different services with different companies. It is important that you also help protect and maintain the security of your account. Please notify us immediately of any unauthorized use.
AGE REQUIREMENT
Our team respects the privacy of minors, and we encourage parents and guardians to take an active role in managing their children's online activities. If you are under 16, please make sure you have permission from your parent(s) and/or guardian(s) before using any of our Services. Some of our Services are not available for use for children under 16 years old, and we do not knowingly collect personal information from children in connection with those Services. If you are a parent and believe your child has used one of our Services without your permission, please contact us at info@vertigogames.com so we can investigate and delete any unauthorized private information.
RIGHT TO ACCESS
You have the right to request any of the personal information we hold on you. You can do this by sending an email to info@vertigogames.com and asking for your information. We will provide this information to you within 1 month from the point we have been provided all the information required to process the request.
Your information will be sent to you in English and in a computer readable format, unless another reasonable format is requested.
RIGHT TO BE FORGOTTEN
Where you gave us your consent to use your information for a limited purpose, you can contact us to withdraw that consent, though this will not affect any processing that has already taken place before that time. When you make these requests, we may need time to investigate and facilitate your request. If there is any delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of all your related information until the request is honoured or the dispute is resolved.
To delete your account or request that we no longer use your information to provide you Services, contact us at info@vertigogames.com; we will respond to your request within 30 days. In some cases, we may not be able to delete your personal information and will retain and use our information as long as necessary to comply with our legal obligations, resolve disputes, and/or enforce our agreements.
If you delete your account, you will permanently lose access to our Services, including:
• Any purchases made
• Any game progress
RIGHT TO OPT OUT
You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your account settings menu, or by contacting customer support to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services.
MODIFICATION OF PRIVACY POLICY
We may periodically update and modify our privacy policy to reflect changes in the types of information we collect, the means we use to collect information, and/or our usage of collected information. We will attempt to notify you of any such update or modification. However, you are responsible for periodically reviewing our Privacy Policy. Your use of the Website and/or any products or services offered by the Website signifies your assent to the updated or modified Privacy Policy.
CONTACT US
If you have any questions, comments or concerns regarding our Privacy Policy or practices, or how your data is being stored or processed, please send an e-mail to info@vertigogames.com.
NOTICE TO USER: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
IN ORDER TO PLAY ANY Vertigo Games International, Pte. Ltd. ("VERTIGO") GAME FROM A PARTICULAR COMPUTER FOR THE FIRST TIME YOU HAVE TO INSTALL CERTAIN VERTIGO SOFTWARE. BY INSTALLING, USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE SOFTWARE (DEFINED BELOW) DISTRIBUTED THROUGH THE WEB SITE HTTP://WWW.PAPAYAPLAY.COM OR ITS AFFILIATES OR OTHERWISE DISTRIBUTED BY VERTIGO, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT"), INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 9; AND LIABILITY IN SECTION 10. YOU AGREE THAT THIS AGREEMENT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND VERTIGO. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
VERTIGO and its licensors (collectively, the "Licensor") own all intellectual property in the Software. Licensor permits you to Use (as defined below) the Software only in accordance with the terms of this Agreement. Use of some third-party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement. This Agreement incorporates the Terms of Service available at WWW.PAPAYAPLAY.COM or any affiliated site.
1. DEFINITIONS.
"Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media as applicable with which this Agreement is provided, including but not limited to (i) Licensor or third party computer information or software; (ii) related explanatory written materials, files or web pages ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Licensor (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE LICENSE.
Subject to your compliance with the terms of this Agreement, including the restrictions in Section 3, Licensor grants to you a non-exclusive license to Use the Software for the purposes described as follows.
a. General Use. You may install and Use a copy of the Software on one or more compatible Computers under your legitimate control, exclusively for non-commercial entertainment purpose only. b. No Modification. You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, only if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Licensor to provide the information necessary to achieve such operability and Licensor has not made such information available. Licensor has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Licensor and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. c. Third-Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Licensor. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. LICENSOR MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
3. RESTRICTIONS.
You agree that you shall not, under any circumstances,
(i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Software to others; (ii) exploit the Software or any of its parts for any commercial purpose, including without limitation use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Licensor; (iii) host, provide or develop matchmaking services for the Software or intercept, emulate or redirect the communication protocols used by Licensor in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Software, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including without limitation unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks; or (iv) facilitate, create or maintain any unauthorized connection to the Software or the Site, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Software or the Site. All connections to the Software and/or the Site, whether created by the game client or by other tools and utilities, may only be made through methods and means expressly approved by Licensor. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Software 's proprietary interface other than those expressly provided by Licensor for public use.
4. TRANSFER.
You may rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer only if you also transfer (a) this Agreement, and (b) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity.
5. INTELLECTUAL PROPERTY OWNERSHIP, COPYRIGHT PROTECTION.
The Software and any authorized copies that you make are the intellectual property of and are owned by Licensor. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Licensor. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Licensor.
6. UPDATES.
The function of Software may only work smoothly when you agree to use an Update and/or in fact install an Update to a previous version of the Software. Any obligation Licensor may have to support the previous versions of the Software may be ended upon availability of the Update.
7. CONSENT TO MONITOR.
The Software may communicate your computer's information including but not limited to hardware capacity, patches and modification information, and any unauthorized third-party program running with the Software back to Licensor in order to assist users' uninterrupted game play. An unauthorized third-party program as used herein shall be defined as any third party software, including without limitation any add-on, mod, hack, trainer, cheat, that in Licensors sole determination (i) enable or facilitates cheating of any type, (ii) allows users to modify or hack the game interface, environment, and/or experience in any way not expressly authorized by Licensor, (iii) intercepts, mines, or otherwise collects information from or through the Software. In the event that the Software detects an unauthorized third-party program, the Software may (a) communicate information back to Licensor, including information on the User ID and account, details about the unauthorized third-party program and the time and date it was detected and/or (b) Licensor may exercise any or all rights under this Agreement, without any notice to the user.
8. CHANGES TO THE AGREEMENT.
Licensor reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement without prior notice. Any updated Agreement shall be available on its website at http://www.papayaplay.com/ or any affiliated websites. Such updated Agreement is effective upon publication, and your installation and continued use of the Software following publication of updated Agreement constitute your acceptance of any and all such changes. If any future changes to this Agreement are unacceptable to you, you may terminate this Agreement in accordance with the terms hereof.
9. NO WARRANTY.
The Software is being delivered to you "AS IS" and Licensor makes no warranty as to its use or performance. Licensor provides no technical support, warranties or remedies for the Software. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, LICENSOR MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 9 and Section 10 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
10. LIMITATION OF LIABILITY.
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Nothing contained in this Agreement limits Licensor's liability to you in the event of death or personal injury resulting from Licensor's negligence or for the tort of deceit (fraud). Licensor is acting on behalf of its licensors for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
11. TERMINATION.
This Agreement is effective until terminated. You may terminate the Agreement at any time by (i) permanently destroying all copies of the Software in your possession or control; (ii) removing the Software from your hard drive; and (iii) notifying Licensor of your intention to terminate this Agreement. Licensor may terminate this Agreement at any time for any reason or no reason whatsoever. In such event, you must immediately and permanently destroy all copies of the Software in your possession and control and remove the Software from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.
12. EXPORT RULES.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Republic of Korea Export Administration Regulations or any other export laws, restrictions or regulations (collectively the "Export Laws"). All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
13. GOVERNING LAW.
This Agreement will be governed by and construed in accordance with the laws of the Republic of Korea. The respective courts of the Republic of Korea shall have exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction.
14. GENERAL PROVISIONS.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Licensor. Updates may be licensed to you by Licensor with additional or different terms. This is the entire agreement between Licensor and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
15. SPECIFIC PROVISIONS AND EXCEPTIONS.
Pre-Release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Licensor, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Licensor disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, LICENSOR'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF ONE DOLLAR (U.S. $1) IN TOTAL. You acknowledge that Licensor has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, Licensor has no express or implied obligation to you to announce or introduce the Pre-release Software and that Licensor may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Licensor, you will provide feedback to Licensor regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Licensor of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Licensor and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the Republic of Korea, you agree that you will return or destroy all un-released versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Licensor's first commercial shipment of the publicly released (commercial) Software.
Effective Date: 22 September 2017
Various features of the interactive Services provided through Papaya Play may allow Users to create, upload and distribute User Generated Content ("UGC"). Papaya Play does not review or screen UGC that may be posted or made available through the Services or any related platform by Users, and therefore does not assume any responsibility or liability for content that is generated by Users in connection with any of our interactive Services or related platforms.
Users must have the legal right to create, upload and distribute UGC in connection with our interactive Services. Users may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party. Users may not upload UGC that violates the law, the Papaya Play EULA or Terms of Service, and/or any third party&s right of privacy or right of publicity.
Papaya Play does not assume any liability for any failure to remove, or any delay in removing, content. Papaya Play may, however, without prior notice to Users and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If Users are repeat infringers of Papaya Play&s or any third party&s intellectual property or other rights, Papaya Play may suspend or terminate User access to our interactive Services and related platforms without notice. If User access to Papaya Play’s interactive Services is suspended or terminated, Users are not entitled to a refund for any virtual currency or virtual items they have obtained. Papaya Play&s determinations regarding suspensions or terminations are made in the Company’s sole discretion and are final and binding for every User.
Users acknowledge and agree that they have no expectation of privacy concerning the transmission of gameplay or any User Generated Content, including without limitation chat text, voice communications or any social media content. PAPAYA PLAY RESERVES THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER GENERATED CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, GAMEPLAY FOOTAGE, AND SOCIAL MEDIA CONTENT) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of Papaya Play’s Terms of Service or other applicable agreements and policies; (c) to protect Papaya Play’s legal rights and remedies; (d) to protect the health or safety of anyone believed to be threatened be any individual or entity; or (e) to report a crime or other offensive behavior.
Users agree that they will be personally responsible for the creation of any associated User generated content, and for all communications and activities done in connection with Papaya Play’s interactive Services, including any miscellaneous contributed content.
Users will indemnify and hold harmless Papaya Play, its parent, affiliates, and their respective employees, officers, and directors from any liability or damages arising from their conduct in the connection with Papaya Play’s interactive Services and related platforms.
In exchange for use of Papaya Play’s interactive Services and related platforms, and to the extent that User contributions through use of these interactive Services give rise to any copyright interest, Users hereby grant Papaya Play an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use their contributions in any way and for any purpose in connection with the Software and related goods and Services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute their contributions without any further notice or compensation to them of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, Users hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Papaya Play&s and other players& use and enjoyment of such assets in connection with the Game and related goods and Services under applicable law. The license granted to Papaya Play, and the above waiver of any applicable moral rights, survives any termination or revocation of this Agreement.
1) You are responsible for securing your own personal accounts. If your account has been stolen or hacked, please report it to Papaya Play or GMs within 10 days of recognition.
2) Your account may be disabled without warning if you have or have attempted to sell accounts, items, in-game currencies, or any other in-game services for cash (Real-World Transactions).
3) You are responsible for all issues arising from account sharing or real-world transactions.
4) GMs and/or Papaya Play team members will never ask for your password. They may ask your username or character name in order to speed up their investigation process.
GMs are not involved in users’ actions in the game, but they are responsible for carrying disciplinary actions against the account holder, only if necessary. The table below shows the corresponding punishments for botting, consistent harassment to other users, exploiting bugs, using 3rd party software programs, etc.
| Minimum | Maximum | 2nd Offence Minimum | 2nd Offence Maximum | ||
|---|---|---|---|---|---|
| Harassment in Game / Forum | Warning/Muting | Temporary Suspension (30 days) | 1st Punishment * 2 | Permanent Suspension | |
| Impersonating PP Staff / CAs | Warning/Muting | Temporary Suspension (30 days) | 1st Punishment * 2 | Permanent Suspension | |
| Spreading Rumor | Warning/Muting | Temporary Suspension (30 days) | 1st Punishment * 2 | Permanent Suspension | |
| Chat Abuse or Spam | Spam Chat | Warning/Muting | Temporary Suspension (30 days) | 1st Punishment * 2 | Permanent Suspension |
| False Report | Warning | Temporary Suspension (30 days) | 1st Punishment * 2 | Permanent Suspension | |
| Bug Exploitation | Warning/Temporary Suspension | Permanent Suspension | |||
| In-Game Mechanics Exploitation | Warning/Temporary Suspension | Permanent Suspension | |||
| Program Exploitation | Temporary Suspension | Permanent Suspension | |||
| Scamming | Temporary Suspension | Permanent Suspension | |||
| Chargeback | Temporary Suspension | Permanent Suspension | |||
| Advertising 3rd Party (RWT) | Temporary Suspension | Permanent Suspension | |||
| Real World Trade | Temporary Suspension | Permanent Suspension | |||
| Account Sharing | N/A | ||||
The following cases will be considered ‘Harassment’ if:
1) You have used extreme vulgar language and/or bullied against a specific user for a period.
2) You shamed other users’ sexuality and/or gender identity
3) You degraded other users for their religion, place of residence, race, disability, etc.
4) You have threatened and/or said things that made other users concern for their safety.
5) You have defamed and/or released personal information of the user to the public, also known as doxing.
6) You have pushed immoral views that are considered socially unacceptable.
7) You have inappropriate names in the contents of the game such as character names, guild names, personal shop names, etc.
** If multiple offences are confirmed, you will receive multiple disciplinary actions.
How To Report: ‘Harassment’ Cases
1) You must report all harassment cases within 5 days of the incident.
2) Reporting users that have been provoked will not be accepted.
The following cases will be considered ‘Chat Abuse or Spam Spam’ if:
1) You have produced excessive non-game related chat that makes any of the public chat channels difficult for players to use for game related purposes.
2) You have posted the same message excessively, disturbing other users from chatting.
1) You have posted the same message excessively, disturbing other users from chatting.
The following cases will be considered ‘Bug Exploitation’ if:
1) You have exploited a bug to gain benefit.
2) You have taught other users how to replicate the bug without reporting it to the GMs.
3) You have exploited system errors to harm other users or to gain an unfair advantage.
The following cases will be considered ‘In-Game Mechanics Exploitation’ if:
1) A player has been identified abusing in-game mechanics in such a way that is considered unfair for the community or affects the game balance in a negative way. Specific action will be based on the severity of the violation and whether this player been penalized in the past (as with other violations). Operations that may fall under this description may include excessive alt farming, creating mass alts in order to take advantage of login or other events and other actions fitting the above description as determined by GMs using their sole and absolute discretion.
The following cases will be considered ‘Advertising 3rd Party’ if:
1) You have attempted to sell or advertise any cash transactions.
- Repetitively releasing a phone number or websites with the intent of advertising.
- Chat logs confirming the intent of selling items, in-game currency, or services for monetary compensation.
- Character generated with a name that suggests and/or promote real-world trading.
- Creating chat rooms, forum posts, or personal shop names that suggests and/or promote real-world trading.
2) You have advertised in-game for commercial purposes.
3) You have advertised on trading or selling accounts.
4) You have advertised websites that sells items, in-game currencies, or accounts for cash.
The following cases will be considered: ‘RWT (Real-World Trading)’ if:
1) You have traded any items and in-game currencies for real-world cash or goods.
2) You have traded any items and in-game currencies for other goods in a different game.
3) You have traded any accounts for real-world cash or goods.
The following cases will be considered: ‘Program Exploitation’ if:
1) You have gained an unfair advantage by using illegal programs.
2) You have created characters using illegal programs to assist you or party members.
3) You have intended to benefit from the characters using illegal programs even if you are not in a party with them.
4) You have unjustly acquired items and/or in-game currencies by using illegal programs.
* If multiple offences are confirmed, you will receive multiple disciplinary actions.
1) In the case of multiple offences, multiple disciplinary actions (including a permanent ban) may be issued depending on the number and duration of your previous offence.
2) Even if it does not apply to the term above, you may face multiple disciplinary actions (including a permanent ban) if you were to disturb the game balance or affect other players negatively.
All recovery processes must be requested through the Papaya Play support system. Please make sure to report recovery requests within 10 business days of the incident.
We will not be able to recover the items if:
All account recovery processes must be requested through the Papaya Play support system. Please make sure to report recovery requests within 10 business days of the incident. The support system may ask you some information to confirm you are the original owner of the account.
An investigation will be initiated when we receive a hacking report. Suspected accounts that may be involved in this case may be suspended. In addition, any benefits arising from the account hacking will be recovered, and offenders may face suspension on their own accounts.
Account users who have been verified and seized with the relevant account can file an objection within 10 days of the account suspension date. In the event of an objection, you must go through the authentication process presented by the operation team to verify your identity.
The investigation will be conducted based on the information received and if the objection is ruled valid, the suspension will be lifted. At this time, the reporter is subject to disciplinary actions if it is confirmed to be a false report. However, if the content of the objection is not valid or the objection is not filed within 10 days, the account will be considered as fraudulent and the offender’s account will be permanently banned.
* It may take up to 15 business days to finish the hacking investigation and deliver the stolen items. (The investigation may be cancelled if required information is not provided.)
** There will be no in-game compensation if your account gets hacked, as it is your responsibility to secure your account.
* We cannot investigate the issue further if the following is confirmed through our logs:
- Cash transactions have been made in the account.
- Account has been deliberately shared with someone else.
- Failed the identity verification process.
- The reporter's provided information is different from the logs.
- Used illegal programs or websites.
Records and matters investigated in connection with account theft may be disclosed only to the victim upon formal request and it will not be disclosed to anyone else.
All private servers will be deemed illegal due to copyright infringement. Legal actions will be taken against you if you are responsible for operating any private servers on games published by Papaya Play.
