The following terms of service (the “Terms”) constitutes an agreement between you (“user”, “you”) and Vertigo Games OÜ, Estonia, (Address: Sepapaja 6, Tallinn 15551, Estonia Registry code: 14340159 VAT number: EE102009886,email@example.com (“Vertigo Games” “we,” “our” or “us”). These Terms govern your use of our games provided on a mobile platform (for example, iOS and Android), online discussion boards and chats related to the games, websites (including https://vertigogames.co) and other related services (collectively the “Services”).
Please read these Terms carefully before you start to use the Services. By using the Services (or installing any game or clicking to accept or agree to the Terms when this option is made available to you), you accept and agree to be legally bound by these Terms and our privacy notice, found at vertigogames.co/privacy(“Privacy Notice”), which is hereby expressly incorporated herein by reference. If you access the Services from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms.
No person under the age of 16 or who is a minor under his/her local legislation is eligible to use the Service. By accessing or otherwise using the Service, you represent and warrant that you are i) age 16 or older, ii) eligible to use the Service and iii) you understand and agree to these Terms. In the event that you are of the age of 16 or older but a minor in your country, you represent that your legal guardian has reviewed and agreed to these Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
1.Your access to the services
Subject to your agreement and continuing compliance with these Terms and any other relevant policies of Vertigo Games, Vertigo Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own private and non-commercial purposes. You agree not to use the Services for any other purpose.
Except as specifically allowed pursuant to these Terms, you are not entitled to use, copy, store, modify, transfer, distribute, sell, rent or otherwise make publicly available your account, the Services, a part thereof or the material contained therein in any way. Your use of the Services is subject to these Terms and any reasonable instructions provided by Vertigo Games from time to time.
You represent and warrant that the information you provide or provided in connection with registration to and use of the Services (such as your contact information) is true and accurate. You must keep the password required for the use of the Services (including without limitation password and other means to access your account or user ID) secret and not disclose it to anyone else. You may not assign or transfer your user ID to a third party and you may not allow a third party use the Services with your user ID. If a third party has obtained your password or you have a reason to believe that a third party has obtained your password, you must immediately inform Vertigo Games. You are responsible for actions taken by using your user ID until you have informed us of the loss of the password and we have had a reasonable time to prevent the use of the Services with the user ID.
No devices or connections necessary for the use of the Services are provided subject to these Terms. For the sake of clarity, you are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.
2.User conduct and enforcement rights
Vertigo Games reserves the right to terminate or restrict your access to the Services or a part thereof (including the online discussion board and in-game chat function) permanently or temporarily without prior notice if you violate these Terms or if you abuse the Service or act against the policies determined and informed by us. Vertigo Games is entitled to prevent access to the Services if we have reason to believe that (i) you are engaged in illegal activity; (ii) compromise privacy or data security of other users’, the Services or Vertigo Games; or (iii) if Vertigo Games receives a notice that Your password has gotten into the hands of a third party. Furthermore, we may delete or amend your game progression that has been achieved in violation of these Terms, our policies or otherwise abusing the Services (to put you to a position where you would have been without such violation or abuse). You agree that you are responsible for your own conduct and User Content (as defined below in Section 4) while using the Services, and for any consequences thereof. You agree that you will not:
- use our Services to engage in illegal, abusive, harmful, offensive or otherwise toxic behavior, such as by repeatedly posting content on unsolicited basis or otherwise encumbering the Services, our customer service or other users;
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
- attack, induce a disruption on or try to gain unauthorized access to other users’ accounts or the servers used by the Services;
- intentionally exploit any in-game bugs (for example, to gain advantage for yourself or harm other users or otherwise interfere with the intended gameplay);
- disrupt or otherwise adversely affect the normal flow of the Services or act in a manner that may negatively affect other users’ experience when using the Services;
- pose as or claim to be another person, whether this person be another user, a Vertigo Games employee or a third party where possible through the use of any kind of virtual identity including, but not limited to, in-game nicknames or online discussion board avatars;
- create any Account by automated means or false pretenses, create more than one Account per device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
- attempt to decompile, reverse engineer, disassemble or modify any part of our Services; and/or
- use our Services in any other way not permitted by these Terms or in conflict with the spirit or intent of these Terms.
If you notice or suspect other users cheating or if you identify a bug or error in our Services, please report it to our support team as soon as possible by email firstname.lastname@example.org.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 48 months. In such event, you may no longer be able to access and/or use any Virtual Items (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.Intellectual property and ownership rights
All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, skins, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are either owned or licensed by Vertigo Games. Vertigo Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services. Notwithstanding any provision to the contrary herein, you acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Items (i.e. virtual goods or currency appearing or originating in any of our games), whether earned in a game or purchased from us (directly or through a platform like Apple or Google), the game account itself, or any other attributes associated with an account or stored on the Services.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through our game client or the Services, or that other users upload or transmit, including without limitation any in-game chat text or online discussion board text, pictures or uploaded files. By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission (a) is accurate and not confidential; (b) is not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; © does not contain 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; (d) does not consist of any unsolicited or unauthorized advertising, promotional materials, ’junk mail’, ’spam’, ’chain letters’, ’pyramid schemes’ or any other form of solicitation; (e) could not reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; and (f) you acknowledge and agree that any of your personal information within such content will at all times be processed by us in accordance with our Privacy Notice. We have the right at any time to remove uploaded User Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor User Content that is contributed by people that use our Services and we make no undertaking to do so.
You hereby grant to Vertigo Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You understand that aside from the explicit principles and processes for promoting your privacy and protecting your personal information in accordance with our Privacy Notice, all User Content provided by you to us and by the way of the Services to other users, including without limitation any in-game chat text, might be publicly available information accessible by other users or third parties. We recommend that you always consider what kind of information to include in User Content published through the Services.
5.Fees and purchase terms
In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or “gems”, all for use in our games and (b) “virtual in-game items” (together with “virtual currency” collectively “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.
We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. The transfer of Virtual Items to other users is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Vertigo Games, another user or any third party.
Please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the goods and services offered through the Services at any time. All claims arising in connection with purchases shall be directly addressed towards the application platform operators (Apple in the case of iOS and Google in the case of Android), and you understand and agree that Vertigo Games shall not have any obligation and will not refund any purchases on its own.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY MANDATORY LAWS, Vertigo Games IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
6.Updates to the service
We may update our Services (for example, games) and subsequently require that you accept updates to the Services and to our games you have installed on your devices. You acknowledge and agree that we may update the Services and games made by us, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play our games.
7.Limitation of liability
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. Vertigo Games DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTIONS OR ERROR-FREE. FURTHER, Vertigo Games SHALL NOT BE LIABLE FOR THE CONTENT IN THE SERVICES, INCLUDING WITHOUT LIMITATION THE DATA, OR ANY OTHER INFORMATION EXCHANGE MEDIA ON OR CONNECTED WITH THE SERVICES.
Vertigo Games shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Service. Vertigo Games is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Vertigo Games disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Services. Vertigo Games bears no liability for damages caused by you or by a third party.
Vertigo Games’ maximum liability for direct damages caused to you or your property is at all times limited to the amount paid by you for the use of the Services or part of it during the twelve months immediately preceding the event that gave reasons for the claim. Vertigo Games is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Vertigo Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the liability of Vertigo Games shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Vertigo Games and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Services or content; (ii) User Content you submit, post to or transmit through the Services; (iii) any actual or alleged breach by you of these Terms; and/or (iv) your violation of any rights of another.
9. Modification of these terms
Vertigo Games reserves the right, at its discretion, to change, modify, add or remove these Terms or portions thereof, the Privacy Notice and other relevant Vertigo Games policies at any time by posting the amended terms on the Services. You will be deemed to have accepted such changes by continuing to use the Services. If we make bigger changes, we may also ask you acceptance for the amended terms. If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Notice, or any other policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.
10. Termination of service
Vertigo Games reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use such a Service or a part thereof will be automatically terminated. In such event, Vertigo Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, unless otherwise stipulated in mandatory laws. Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason by contacting us at email@example.com informing us that you wish to terminate your account.
11. Jurisdiction, choice of law and forum
If a dispute arises between you and Vertigo Games, we strongly encourage you to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org.
To the extent permitted by law, all disputes between you and Vertigo Games shall be governed by the laws of Estonia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Vertigo Games must be resolved exclusively by a court located in Estonia Tallinn.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Vertigo Games ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12. General provisions
Additional Terms for App Store Apps
If you downloaded the Service from the Apple App Store, you agree to use the Service only on any iOS devices that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
If you downloaded the Service from any app store or distribution platform, including Apple App Store, Google Play or Amazon Appstore, (“Platform”), you acknowledge and agree that: (i) these Terms are concluded between you and Vertigo Games and not with the Platform. Vertigo Games is solely responsible for the Services; (ii) the Platform has no obligation to provide maintenance or support services regarding the Services; (iii) in the vent of any failure of the Services to conform to any applicable warranty, you may notify the Platform, and the Platform will refund the purchase price for the Service to you (if applicable) and, to the maximum extent permitted by applicable law, the Platform will have no other warranty obligation whatsoever regarding the Services. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Services to conform to any warranty will be the sole responsibility of Vertigo Games; (iv) the Platform is not responsible for addressing any claims you or any third party may have relating to the Services or your possession or use of the Services, including product liability claims; claims that the Services fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation; (v) the Platform and their subsidiaries are third-party beneficiaries of these Terms as related to your license of the Services, and that, upon your acceptance of these Terms, the Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third-party beneficiary thereof; and (vi) you agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
Vertigo Games respects the intellectual property rights of others and expects the players and the users the Services to do the same. If you believe that your copyrighted work has been copied or used in a manner that constitutes copyright infringement, you may notify Vertigo Games’ copyright agent as set forth below.
To file a copyright infringement notice, you will need to send a written communication that includes the following: (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Please send your copyright infringement notice to the attention of Vertigo Games’ copyright agent as follows: Vertigo Games OÜ, Address: Sepapaja 6, Tallinn 15551, Estonia
Registry code: 14340159 VAT number: EE102009886 (from 2017-10-04) or by email: email@example.com.
Vertigo Games may assign or delegate these Terms and/or Privacy Notice, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Notice without Vertigo Games’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Vertigo Games may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms.
These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including Privacy Notice), set out the entire agreement between you and Vertigo Games concerning its Services and they replace all earlier agreements and understandings between you and Vertigo Games.
The failure of Vertigo Games to exercise or enforce any of its rights under these terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Vertigo Games.
Vertigo Games may give notices to users of the Services, at its option, by posting a message on the Services, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to Vertigo Games must be given by email or conventional mail. Notices to Vertigo Games by email should be sent to firstname.lastname@example.org Notices to Vertigo Games by conventional mail should be sent to: Vertigo Games OÜ, Address: Sepapaja 6, Tallinn 15551, Estonia.
Notices by a user to Vertigo Games will not change these Terms unless the change is expressly accepted in writing by an authorized officer of Vertigo Games.