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Terms of Service

in force from 1.10.2015

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 support.vivid.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 the 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 Software. Vivid Games does not guarantee that the Services shall resolve all issues encountered by 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: support@vividgames.com. User should clearly describe in details the issue encountered using one of the languages of the Support Portal. User may use other language, however Vivid Games cannot guarantee accuracy of support provided in response for query in such language. If Vivid Games requests additional information on the issue encountered or specific User data, 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 respond to each query within one (1) working day from receipt of such query. Within two (2) days from receipt of a query Vivid Games shall resolve the issue or: (i) inform User that the issue cannot be resolved within such date and specify a deadline for resolving the issue (ii) request additional information or data necessary to resolve the issue or (iii) inform the User that the specific issue cannot be resolved.

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 can occur.

Certain Services may require from the User a stable and regular Internet connection for the purpose of the valid User verification and to secure the full functionality of the Services. Moreover, in order to use the Services the User may be required to have an active account in such external services as Apple Game Center, Google Play Games, FacebookTM, Kakao, Steam, Twitch, etc. In such and any other cases Vivid Games shall not be liable for making use of external services, while having accounts in them shall be subject only to terms and conditions imposed by those services operators. If the User fails to meet those terms and conditions or terms of use of external services, the functionality of Services may be limited or unavailable.

Vivid Games shall bear no liability for any loss that the User can suffer using an unstable Internet connection or the connection with too 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 mobile device type 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 law.

The User agrees not to violate third parties’ copyrights, particularly in avatars and other types of works used in connection with 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, in particularly due to User's violation hereof or breach of applicable law provisions.

REFUNDS

Vivid Games provides Users with refunds applying to all products and services offered by Vivid Games, regardless of the reasons of the request for refund, provided that the request for refund is filed by User within fourteen (14) days from the purchase.

If a request for refund is filed after fourteen (14) days from the purchase, Vivid Games provides refund at its sole discretion in case such request is properly substantiated.

Upon User's consent, Vivid Games may provide the refund in applicable in-game currency or by providing the User with a free in-game content.

Requests for refunds are filed alternatively via Support Portal or by an email sent to: support@vividgames.com.

Refunds are made within fourteen (14) days from filing a request for refund. Vivid Games cannot guarantee refund within such time if the payment to be refunded was executed through a mobile phone operator outside European Union.

In any case Vivid Games does not provide refunds for products of services which have been consumed before filing the request for refund. A product is deemed to be consumed in case the purpose of the product is to be used in such a way that the use makes the product no longer available to the User and the User used the product in accordance with the purpose thereof. A service is deemed to be consumed in case such service has been actually performed by Vivid Games.

If Vivid Games product is offered through third party platform or channel of distribution, terms of refunds established by such third party shall apply.

USER’S ACCOUNT

Certain Services require an account to be created by the User on the Support Portal, making possible to use 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 the next account.

In the case of creating an account mentioned in section a., the User agrees to provide true, up-to-date and full details, including contact details making possible for Vivid Games and its partners sending communications 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 to close the User’s account and to suspend or deprive the User of possibility to make use of 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.

Every User making use of the Services shall be obliged to take appropriate action in order to secure the confidentiality of his/her account login and password. The User shall be liable for any actions taken with use of his/her account. In the event of unauthorized use of the account or account-related information and in each case of violation of security concerning the Services, the User shall be obliged to immediately notify Vivid Games.

It shall be forbidden to sell, buy, lease, transfer free of charge, make the User’s account available to any third party, including any third party’s use of the account under any agreements. The expression of consent for the account transfer specified in the preceding sentence shall be the right vested solely in Vivid Games. Person who has taken over the account in violation of the Terms of Use and/or applicable laws shall be jointly and severally liable with the User towards Vivid Games.

PRIVACY POLICY

Personal data shall be the data to identify or to contact the User. Services may also, in order to provide possibly most accurate support gather User’s anonymous data, such as User's operator, device identifier and other.

User, who wishes to make use of the User's account and Services, shall be obliged to provide his/her true personal data. Vivid Games and its affiliates may make these data available to one another and make use of them according to applicable privacy protection rules. They may also combine these data with the other for statistical needs and for the needs of providing personalized Service and improvement of Services. 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, Services or from receiving responses for questions asked.

LIMITATION OF LIABILITY

In accordance with law in force, Vivid Games shall be liable only (i) in the case of the deliberate violation of the agreement conditions, (ii) in the case of gross negligence evidenced in a court proceeding, or (iii) in the 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.

TERMINATION

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.

AMENDMENTS

Vivid Games may amend or modify this agreement from time to time. In such an event, Vivid Games shall notify the User of all introduced amendments or modifications 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.

FINAL PROVISIONS

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. In case of doubts as to the contents of this agreement resulting from language versions, the version in Polish shall prevail.

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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