Terms of Use
1. About these
Terms of Use
These Terms of Use (“Terms”) is a legal
agreement between you and Scalac Sp. z o.o. (registration number REGON: 222015231,
having registered office at ul. Czeslawa Milosza 9/9, 80-126
Gdansk, Poland, Gdańsk, Poland) (“Scalac Sp. z o.o.”, “Vixa Games”, “we” or “us”).
By visiting www.vixagames.com and any other site or online service that is owned or
operated by Scalac Sp. z o.o (each, a “Site” and
collectively, the “Sites”), using mobile games published by Scalac Sp. z o.o
(each, an “App” and collectively, the “Apps” and together
with the Sites, the “Platform”), playing games that can be played through third party
platforms, e.g., via consoles, PCs and/or social media sites such as Facebook (“3rd Party Platform Games”) or otherwise
access any of our other products, services or content through any of our
Platform or through 3rd Party Platform Games (collectively, “Services”), you agree to and
accept the Terms, which we may update from time to time. Your use of our
Services is also subject to our Privacy
Policy (which is a
part of the Terms) which cover how we collect, use, share and store your
personal data.
By downloading, installing, using or
otherwise accessing the Services, you agree to the Terms. If you do not
agree to the Terms, please do not download, install, use or otherwise
access the Services. Use of the Services is void where prohibited.
Our Apps download/purchase page
may contain certain additional terms, conditions and requirements,
which constitute a part of the Terms. In case you download/purchase the
Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online
Store”), please, review the terms and conditions of the owner of
that particular Online Store, which may provide for certain
additional requirements applicable to the download of the Apps through that
Online Store, its installation and use.
2. Changes and
Severability
We reserve the right, at our discretion, to change, modify,
add or remove portions of the Terms at any time by posting the amended Terms.
If there is a material change, we may also provide additional notice
within the Services. Unless we state otherwise, the changes are effective
immediately upon posting. Each time you access our Services, the Platform or
3rd Party Platform Games, the current version of the Terms applies, and you
agree that the changes apply to your continued use of the Services.
If you do not agree with any
amendment to the Terms, your only remedy is to cease use of our Services.
If any portion of the Terms is deemed to be
illegal or unenforceable, the remainder of the Terms shall be unaffected and
shall continue to be fully valid, binding, and enforceable.
3.
Requirements To Use
By installing, accessing or using our
Services you confirm that you are at least 16 years of age and have a full
legal capacity to enter into this agreement. In case you are between 16 and 18
years of age, you hereby confirm, that your parent, or a legal guardian, or
other representative under the applicable law has reviewed and agrees to the
Terms and allows you to access and/or use our Services.
We also reserve the right, in our sole discretion and
at any time, to discontinue or modify our Services or any part
thereof or remove or edit Content (as defined below), without prior notice
either permanently or temporarily, at which point your right to use those
Services or any part thereof will be automatically terminated or suspended.
The transmission of information over wireless and
wired networks is not inherently secure. We use many tools to help to protect
your personal data against unauthorized access or disclosure, however, we may
not guarantee that your personal data or private communications will always remain
private when using our Services. You accept all responsibility for such
security risks and any damage that may result therefrom. It is also your sole
responsibility to use all reasonable and recommended measures (such as complex
passwords, etc.) in order to secure your device from any unauthorized
access.
4. Purchases in
the Services
When you purchase the Apps from the Online
Store, including subscriptions and in-app purchases, the payment for such
purchases may be processed either by third parties on our behalf, or directly
by the owner of the Online Store. When purchasing the Apps, including
subscriptions and in-app purchases, you agree that the digital content will be
available to you immediately, and acknowledge that you will lose your rights to
the 14 days cancellation period and refunds available for EU and EEA residents.
If you download the Apps from the Online Store owner, before effecting the
purchase from the Online Store, please also review and accept the terms and
conditions of the Online Store owner with regard to your rights to
cancel orders and get related refunds.
Some of our Services may be available on a
subscription basis. Subscriptions may be weekly, monthly, tri-monthly,
semi-annual, annual, seasonal or lifetime. Payments for such subscriptions
would be charged at your account at the confirmation of the purchase.
They may be processed by third parties acting on our behalf, or by
the Online Store owner. Subscription will automatically renew for the same
price and duration period as the original subscription package chosen by you,
unless you turn off the auto-renew: (i) in case of an
Apple App Store, at least 24-hours before the end of the current subscription
period, or (ii) in case of Google Play Store, at any time before the end of the
subscription period. Your account will be charged for renewal within
24-hours prior to the end of the current subscription period (Apple App Store),
or at the end of the subscription period (Google Play Store) at the cost of the
chosen package. You may manage subscriptions and turn off auto-renewal by going
to the user's account settings after the purchase. You can cancel the
subscription at any time and the cancellation will take effect after the end of
the last day of that subscription period. Certain of our subscription services
may be offered on a free trial basis for a certain period of time. You may
cancel a subscription during its free trial period via the subscription setting
through your account. This must be done 24 hours before the end of
the free trial subscription period (Apple App Store), or at any time before the
end of the free trial subscription period (Google Play Store), otherwise it
will be renewed as a paid subscription.
5. Ownership and
License
Our Services are comprised of works and
intellectual property owned by Scalac Sp. z o.o. and/or its licensors, including, without limitation,
games, artwork, graphics, images, screen shots, text, sound, music, digitally
downloadable files, trademarks, logos, product and character names, slogans,
and the compilation of the foregoing (“Content”).
Under the Terms, we grant you a non-exclusive,
personal, limited, revocable and non-transferable license to use our Services,
provided you agree to comply with the Terms. The Content in our
Services are for gaming services and for your non-commercial enjoyment and
entertainment. Any other use, including modification, reproduction, uploading,
posting, transmission, or distribution in any form or by any means without our
prior written permission, is strictly prohibited.
You are not granted any other right, title or interest
in our Services or any Content except as expressly provided herein.
All other rights are reserved.
Notwithstanding the Terms, the open source software is
licensed to you subject to the terms and conditions of the respective software
license agreements accompanying such open source software.
IF YOU HAVE BEEN FOUND IN
VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY
TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCESS TO SERVICES OR ANY PORTION
THEREOF. IF THIS HAPPENS, SCALAC SP. Z O.O. IS NOT REQUIRED TO COMPENSATE YOU
FOR ANY LOSSES OR RESULTS. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF
CRIMINAL AND CIVIL LAWS, INCLUDING SCALAC SP. Z O.O.’S INTELLECTUAL PROPERTY
RIGHTS.
6. Users Generated
Content
On certain areas of our Platform or otherwise, you may
be able to chat with other users, and submit texts, files, images,
photos, videos, sounds, musical works, works of authorship, text postings and
other materials and content (“User Generated Content” or “UGC”).
Your posting of UGC is subject to the Terms and the following posting rules (“Posting
Rules”):
A. You
agree that your UGC is:
B. Responsibility
of Postings. You understand and
acknowledge that UGC is solely your responsibility, and that Scalac Sp. z o.o. is not
responsible for the information, data, text or other materials that
may appear in UGC. Opinions expressed in UGC do not necessarily reflect the
opinions of Scalac Sp. z o.o..
UGC is not necessarily reviewed by Scalac
Sp. z o.o. prior to posting and Scalac
Sp. z o.o. makes no warranties, express or implied,
as to the UGC or to the accuracy and reliability of the UGC.
C. No
Monitoring/Violation Notices. You
acknowledge that Scalac Sp. z o.o.
does not necessarily monitor any materials posted, transmitted, or
communicated to or within the Platform. Notwithstanding the foregoing, you
further agree that Scalac Sp. z o.o.
and its designees will have the right (but not the obligation) in their sole
discretion to refuse, edit, move, or remove any UGC that is available via the
Platform.
YOU UNDERSTAND AND AGREE THAT SCALAC
SP. Z O.O. MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF SCALAC SP. Z
O.O DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE
LAW, OR FOR ANY OTHER REASON. SCALAC SP. Z O.O. ASSUMES NO LIABILITY FOR ANY
INFORMATION REMOVED FROM OUR PLATFORM AND RESERVES THE RIGHT TO PERMANENTLY
RESTRICT ACCESS TO SERVICES.
7. Ownership and
License of UGC
After posting your UGC to the Platform, you continue
to retain all ownership rights in such UGC, and you continue to have
the right to use your UGC in any way you choose, subject to the Terms and the
license described herein (“UGC License”).
A. Scope
of License. By displaying,
publishing, or otherwise posting any UGC on or through the Platform, you hereby
grant to Scalac Sp. z o.o. the
non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt,
publish, reproduce, distribute, publicly display and use your UGC and any
derivative works we may create from it, in any and all media (whether it exists
now or in the future), for any purpose, in perpetuity, without any payment to
you.
B. Representations. You represent and warrant that: (i) you solely own the
UGC displayed, published or posted by you on the Platform or otherwise have the
right to grant the license set forth herein, and (ii) the displaying,
publishing or posting of your UGC does not violate infringe on the rights of
any third party, including any copyright, trademark, patent, trade secret or
other intellectual property right, or the privacy rights, publicity rights,
contract rights or any other rights of any person. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of any UGC
displayed, published or posted by you to the Platform. Except for
your UGC, you may not edit, adapt, publish, reproduce, distribute,
publicly display and use any UGC appearing on this Platform.
8. Links to Third
Parties
Our Services may feature advertisements from third
party companies. Please review our Privacy Policy which explains what information we share with
advertisers. We are not responsible for the availability of such websites or
resources of the third parties, and we are not responsible or liable for any
content, advertising, or services they provide.
Any content, advertising or services by such
third party are provided following the terms of services and privacy policies
to be found on the website of the respective third party and, where applicable,
you must familiarize yourself and accept the terms of services and privacy
policies of such third party before using their services. Any separate charges
or obligations you incur in your dealings with these third parties are your
responsibility. Scalac Sp. z o.o.
is not liable for any claim relating to any content, goods or
services of third parties.
9. Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW,
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCALAC SP. Z O.O, ITS DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS
FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS
AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM
YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED
OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD
PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.
10. Warranty
Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH
ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, SCALAC
SP. Z O.O., ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS,
DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, SCALAC SP. Z O.O MAKES NO
WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS
AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE,
SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE
LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE
OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED
ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR
OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY
CONTENT.
11. Limitations of
Liability
UNDER NO CIRCUMSTANCES WILL SCALAC SP. Z O.O OR ITS
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE
FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR
LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE
SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE,
OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR
USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY
PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS
IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT
THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE
TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Waiver of
Our rights
Our failure to exercise or enforce any of our rights
under the Terms does not waive our right to enforce such right. Any waiver of
such rights shall only be effective if it is in writing and signed by us.
13. Terms,
Termination and Survival
A. Term. The term of this
agreement commences on the date you first indicate your acceptance of
the Terms and will continue in effect until otherwise terminated in accordance
with the Terms.
B. Termination
by you. You may cease use of the Platform at any time.
Your cessation of use of any service or request that access to the Platform
be terminated, will not entitle you to any refund, including of any fees.
In addition, you are responsible for any charges incurred to
third-party vendors or content providers before your cancellation.
C. Termination
by SCALAC SP. Z O.O. SCALAC SP.
Z O.O may terminate or suspend, withdraw, restrict or remove all or any part of
our Services at any time in the event that (i) SCALAC
SP. Z O.O ceases providing such services to similarly situated users generally
for business or operational reasons, or (ii) you breach any terms of this
agreement (including the Privacy Policy or Posting Rules).
D. Survival
of Terms. All provisions of the Terms with regard
to privacy, intellectual property rights, warranty disclaimer, limitations
of liability, indemnification, governing law, severability, waiver of our
rights and dispute resolution will survive the termination.
14. Governing Law
The provisions of the Terms shall be governed by and
construed in accordance with the laws of the Republic of Poland.
15. Dispute
Resolution
Most concerns can be solved quickly by
contacting us at contact@vixagames.com
In the unlikely event that we cannot solve your
concern and you wish to bring legal action against us, then that dispute will
be subject to the jurisdiction of the courts of the Republic of Poland.
16. Force Majeure
Neither you nor we will be liable for any failure to
perform any obligation under the Terms or to provide access to Services of that
failure is caused by the happening of any unforeseen event beyond your or our
reasonable control, including without limitation, war, terrorism, riots,
embargoes, Internet outages, network infrastructure failures, natural
disasters, fire, flood or act of God.
17. Miscellaneous
Terms
A. Entire
Agreement. The Terms (including the Privacy Policy) constitutes the entire agreement between you and SCALAC
SP. Z O.O. regarding the use of our Services and supersedes all prior
understandings.
B. Assignment. We can assign, subcontract or transfer
the Terms to a third party or an affiliate of SCALAC SP. Z O.O. if necessary
for the support of our Services, as part of any reorganization, change of
control, or for any other business reasons. You may not assign or transfer your
rights or obligations under the Terms to anyone without first obtaining our
written consent. Any attempt to assign without our consent is void.
C. No
Beneficiaries. The Terms governs the
relationship between you and us and does not create any rights for anyone else.
Notwithstanding the foregoing, in the event of a valid assignment or
transfer, the Terms shall be binding on and inure to the benefit of the
relevant party’s representatives, successors, and permitted assigns.
D. No
Right to Obligate the Other. The Terms
does not create a partnership, joint venture or similar relationship
between the parties, and neither party will have the power to obligate the
other party in any manner whatsoever.
E. Contact
Information. You can contact us
at contact@vixagames.com