Terms of Service
The below Terms of Service shall constitute an agreement between a natural person using the Services provided by Vivid Games (hereinafter: the User) and Vivid Games S.A. with its seat in Bydgoszcz (hereinafter: Vivid Games), providing for the terms and conditions for use of Vivid Games Services, available through Vivid Games Support Portal (hereinafter: the Services). The Support Portal is a website available at http://support.vividgames.com/ through which Vivid Games is providing Services for Users of software produced and/or distributed by Vivid Games (hereinafter: the Software).
Prior to making use of Services, the User should read this agreement thoroughly. Through use of Services the User accepts the terms and conditions hereof. In case of giving no consent to these terms and conditions, the Services should not be used. None of the stipulations of this agreement shall repeal any stipulations of Software licenses obtained by the User from Vivid Games.
Any rights not expressly granted below shall be reserved to the maximum extent admitted by law in force for Vivid Games and/or its licensors. User’s rights to make use of Services on the basis hereof shall be strictly dependant on his/her regular compliance with the terms and conditions herein. In certain cases User’s rights to make use of the Services may be limited in respect of the number of activations or registrations or may be seized in full, according to the sole decision of Vivid Games.
LEVEL OF SERVICE
The purpose of the Services is to provide Users with support in dealing with issues encountered while using the Software. Vivid Games does not guarantee that the Services shall resolve all issues encountered by the Users. The Services shall address the most common issues pertaining to the Software and Vivid Games shall act with due diligence in order to provide Users with a satisfactory level of support pertaining to other issues.
If User encounters an issue not addressed on the Support Portal, he/she may contact Vivid Game's Support by sending an email to: firstname.lastname@example.org. The User should clearly describe the issue encountered, using one of the languages of the Support Portal. User may use other languages, however Vivid Games cannot guarantee accuracy of support provided in response to queries in such languages. If Vivid Games requests additional information on the issue encountered or specific User data, the User shall provide Vivid Games with such information and/or data. User shall at all times strictly follow instructions provided by Vivid Games.
Vivid Games shall not be liable for, among others, any damage, loss, inability to use the Software, malfunction of the Software, loss of progress in the Software caused by (i) Vivid Games response to unclear, incomprehensible, inaccurate or misleading query, (ii) User not following strictly Vivid Games instructions or (iii) lack of or insufficient User cooperation in resolving the issue.
Vivid Games shall provide Services to Users in the version as offered at the moment and depending on their availability, which can be beyond control of Vivid Games (e.g. due to a break in server operations). Vivid Games shall not guarantee to the User any availability of the Services, their stability and appropriate operation as well as the safety of making use of such Services, including also preciseness and accuracy of information published through the Support Portal.
Vivid Games shall bear no liability for any breaks in the availability of Services, potential errors in Services, damage caused by making use of Services or the impossibility to make use of them, including loss of profit and damage in property, as well as the impossibility of participation in contests organized by Vivid Games for Software Users. Moreover, Vivid Games shall bear no liability for any physical damage to User's data carriers.Vivid Games shall not be liable for any harmful content in emails and other communication sent by Vivid Games or on servers used by Vivid Games, even if Vivid Games is notified earlier that such harm may occur.
Vivid Games shall bear no liability for any loss that the User can suffer using an unstable Internet connection or a connection with low data transfer. Vivid Games shall bear no liability if a Service is not provided correctly due to an interrupted Internet connection or for any reason out of Vivid Games direct and full control.
In the event of using Vivid Games Services through a mobile Internet connection, fees for data transfer and sending information as well as other charges collected by the User’s operator or roaming provider apply in accordance with the tariff applicable to the User pursuant to a separate agreement between the User and User's operator or roaming provider. Making use of certain Services may be subject to restrictions or bans imposed by the User’s operator or provided for in laws of the state, in which the operator is seated. Certain Services can be unavailable due to the type of mobile device used by the User.
It shall be forbidden to break securities, decompile, reproduce, decompose, remove information on copyright or ownership title, to interfere with Services without Vivid Games written consent, to upload viruses and other harmful components and to damage availability of the Services, to disrupt other Users’ comfort of making use of Services, and to make use of any Service in conflict with the law.
The User agrees not to violate third parties’ copyrights, particularly in avatars and other types of works used in connection with the User's account.
Vivid Games shall be entitled to review, store, monitor, modify, delete and publish the User-generated content and communications sent through Services any time and for any reason, without any obligation to notify the User of such actions, particularly due to the User's violation hereof or breach of applicable law provisions.
For refunds on digital content, Google Play and Apple App Store policies apply.
Even though Vivid Games is under no obligation to provide refunds for digital content, Vivid Games may still consider applications for refunds on an individual basis within 14 days of purchase. If a request for a refund is filed after fourteen (14) days from the purchase, Vivid Games will not provide any refund options for digital purchases.
Upon User's consent, Vivid Games may offer to provide the refund in in-game currency or by providing the User with in-game content if applicable. Requests for refunds are filed alternatively via the Support Portal or by an email sent to: email@example.com. Refunds are made within fourteen (14) days from filing a request for refund. Vivid Games cannot guarantee refunds within such time if the payment to be refunded was executed through a mobile phone operator outside the European Union.
If Vivid Games products are offered through third party platforms or channels of distribution, terms of refunds established by such third parties shall apply.
Certain Services require an account to be created by the User on the Support Portal, in order to access the full Service functionality. In such an event, the User may not create or make use of more than one account on the Support Portal. If the User’s account to date is blocked by Vivid Games, then, regardless of the reason, the User shall be obliged to refrain from creating a new account.
In case of creating an account mentioned in section a., the User agrees to provide true, up-to-date information, including contact details making it possible for Vivid Games and its partners to send communication and notifications pertaining to the Services.
When using Services and contacting Vivid Games, the User shall be obliged not to mislead Vivid Games and/or others in respect of his/her identity, namely not to introduce him-/herself as someone else or another entity, and not to make use of someone else’s user name and password or other account details, not to provide false parental or guardian’s details or consents. The User accepts the verification by Vivid Games of the contact details he/she has provided, and agrees to provide the consent expressed by appropriate persons for the verification of the parental or guardian’s contact details.
Vivid Games reserves the right to suspend or close the User’s account and to suspend or deprive the User of the possibility to make use of Vivid Games Services. Moreover, Vivid Games reserves the right to modify the content generated by the User as a result of actions in conflict with law or with terms and conditions of Services, or encouraging other Users to such actions or of recommending such actions or other acts considered by Vivid Games as harmful for the Services.
a. Personal data shall be the data to identify or to contact the User. Vivid Games services may also gather the User’s anonymous data, such as operator’s device identifier.
b. According to the rules of the User’s account in section 2 of the Terms of Service, the User, who wishes to make use of the account and services, shall be obliged to provide his/her true personal data. Vivid Games and its affiliates may make this data available to one another and make use of it according to these privacy protection rules. They may also combine data statistical purposes as well as to provide personalized service and improvement of products, services, game quality, holding contests, ranking systems, achievements and progress recording in individual external games (cloud save). Providing personal data required by Vivid Games shall not be compulsory, however if the User fails to do so, this can prevent him/her in many cases from making use of the account, service or from receiving responses for asked questions.
c. Any personal data collected by Vivid Games is stored and processed in accordance with requirements of the laws of the Republic of Poland, in particular in accordance with the Personal Data Protection Act of 29th August 1997. Collection of personal data is treated as a separate database, stored in a special safety zone providing adequate protection. Personal data disclosed by users may be stored and/or processed in order to provide replies to queries, comments and requests by users concerning products and services provided by Vivid Games.
LIMITATION OF LIABILITY
In accordance with current law, Vivid Games shall be liable only (i) in case of the deliberate violation of agreement conditions, (ii) in case of gross negligence evidenced in a court proceeding, or (iii) in case of violation of applicable laws on liability for product defects. Gross negligence shall pertain to an action or omission being a consequence of gross negligence and distinct negligence of duties.
Without prejudice to any other rights, Vivid Games may terminate this agreement without notice with immediate effect, if the User fails to meet the conditions hereof. The User may terminate the agreement with Vivid Games any time by way of destroying the Software and uninstalling it from a hard disc or another carrier, including mobile device internal memory. Any and all provisions hereof pertaining to the waiver of rights, to warranty, limitation of liability, remedies or compensations and rights of Vivid Games resulting from the ownership title, as well as to the choice of governing law and jurisdiction, indemnification and other aspects shall survive the termination hereof.
Vivid Games may amend or modify this agreement from time to time. In such an event, Vivid Games shall notify the User announcing this on the website. All amendments shall apply immediately unless otherwise announced. If within one month after such announcement the User fails to terminate this agreement, the further use of services and/or the Software shall mean that the User accepts the new version of the agreement.
This agreement shall be governed by law in force in the Republic of Poland. In case of any dispute, the parties shall submit it to the court having jurisdiction over the business seat of Vivid Games, unless other Polish court is relevant in accordance with laws of Republic of Poland. If any of the provisions of this agreement are held invalid or unenforceable by any court or other tribunal having appropriate jurisdiction, the remaining provisions hereof shall remain in full force and effect. This agreement shall be the entire agreement between the parties in respect to the subject matter hereof, and shall replace any and all prior agreements, whether oral or in writing.
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