1. LEGAL AGREEMENT
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.
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.
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.
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.
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.
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:
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.
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.
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.
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:
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.
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.
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 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.
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
SHARING OF INFORMATION WITH THIRD PARTIES
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.
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 firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org; 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.
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.
"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.
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.
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.
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.
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.