Last updated December 21, 2015.
These Terms of Service (the "Terms of Service" or "Terms") govern your use of the websites, mobile games, and other applications or sites (the "Services") provided by VC Mobile Entertainment, Inc. ("Company").
Company reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms on or within the Services. We may, in our sole discretion, provide additional notice of any changes, but it is your responsibility to periodically check the Terms of Service for changes. You will be deemed to have accepted any changes to the Terms by continuing to use the Services. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, you must immediately stop using the Services.
If you are under 18, you are not authorized to use the Services without consent of a parent or guardian.
You will be required to have a valid account on a third party site or service ("TPS") such as the applications provider for your mobile device or social networking service ("SNS") through which you connect to the Services.
The Company may make the Services available through third party sites, platforms or services, including Facebook, Apple, Google, or others. In order to access our Services through those third parties, you may be required to agree to their separate terms and conditions. If such consent is required and you choose to withhold it, then you may be denied use of our Services through those third parties, notwithstanding your agreement to abide by the Company's Terms of Service. Moreover, if we provide access to the Services solely through such third party sites, platforms or services and you withhold your consent to their terms and conditions, your right to use the Services under the Company's Terms of Service will terminate
You may be required to register an account (an "Account") to use certain aspects of the Services. You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by emailing us at email@example.com.
The following rules shall apply to your use of the Services:
Company reserves the right to suspend or revoke your Account and/or your access to the Services for any reason and without prior notice.
Company reserves the right to stop offering and/or supporting the Services or a particular part of the Services at any time either permanently or temporarily in its sole discretion. In such event, Company shall have no liability in connection with such discontinued elements of the Services, and shall not be required to provide refunds, benefits or other compensation to users.
The Services contain e-commerce functionality that allows you to purchase Company products and services. The Company may use a TPS to operate the e-commerce functionality and/or process payments. In such cases, the TPS' service terms and privacy policies govern your use of and purchases on the Services.
You may be able to "buy" or "purchase" either directly through the Services or through a TPS for use within the Services: (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points; or (b) virtual in-game items (together with virtual currency, "Virtual Items").
The Company prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Services, unless otherwise expressly authorized by the Company in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without the Company's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
Virtual Items may not be redeemed for real cash, goods, or other items of value from the Company or other third parties, and all purchases of Virtual Items are final, nonrefundable, nontransferable, and nonexchangeable except in the Company's sole discretion. Prices and availability of Virtual Items are subject to change at any time without notice, and the Company reserves the right to modify or eliminate any or all Virtual Items at any time with or without notice.
You do not in fact "own" the Virtual Items purchased; rather, you hold a limited license to use the Virtual Items in connection with the Service. The amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. The purchase and sale of the limited license to use Virtual Items referred to in these Terms of Service is a completed transaction upon receipt of your payment.
If you reside in the European Union and you purchase a product or service from the Company, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from us or a TPS, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Company may revise the pricing for the goods and services it licenses to you through the Services at any time. YOU ACKNOWLEDGE THAT THE COMPANY 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.
As between you and the Company, the Services, including without limitation any patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Services, are owned by the Company. The Company reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on, any element of the Services except as expressly authorized by the Company.
Subject to these Terms, the Company grants you a personal, non-transferable, non-exclusive license to use the Services, provided that such license does not include the right to broadcast, copy, or incorporate any aspect of the Services, including but not limited to any Company or third party trademark, service mark, trade dress, or information (including other users' personal information), outside of the Services.
"User Content" means any information, data, text, images, sounds, or other material posted, uploaded, stored, or transmitted on the Services by you.
Company claims no ownership over your User Content. By submitting, posting, or displaying User Content via the Services, you grant Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and exploit the User Content for any purpose in connection with Company's business in all media now known or hereafter devised.
All User Content is the sole responsibility of the user from which the User Content originated. You also acknowledge that Company does not guarantee the security of any User Content you transmit to the Services; if you wish to keep any User Content or other information of yours a secret, do not post it to the Services. You agree that Company has no responsibility or liability for deletion or failure to store any User Content posted, stored, or transmitted via the Services.
Company shall have the unlimited right, but not obligation, to monitor all content, including User Content, appearing on the Services, and Company reserves the right to edit, remove, or refuse any User Content for any reason in its sole discretion. Company will have no responsibility to ensure that User Content is appropriate.
If you submit suggestions, proposals, comments or other materials within the Services, including but not limited to all correspondence and communication with Company personnel and third party support personnel contracted by the Company (collectively "Submissions"), you understand and agree that Company (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Your User Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) are not confidential. Such information may be accessed, monitored, and used as necessary to provide the Services and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Company, including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
Company may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Company makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Company and may collect data or solicit personal information from you. Company is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Company of these linked sites.
It is Company's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Services in a way that may constitute copyright infringement, you may provide notice of your claim to Company at the address listed below. For your notice to be effective, it must include the following information:
Please notify us of copyright claims by emailing us at firstname.lastname@example.org.
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to Company at email@example.com setting forth the following items:
Company reserves the right to terminate without notice any user's access to the Services if that user is determined by Company in its sole discretion, to be a "repeat infringer." In addition, Company accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Services are constantly evolving. Company may require that you accept updates to the Services, and may automatically update the Services at any time with or without notifying you. You may need to update third party software from time to time in order to receive the Services and use Company's software.
You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the "Company Parties") harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD).
b. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
c. YOU USE, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICES AT YOUR OWN RISK, AND COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.
d. NO ADVICE OR INFORMATION OBTAINED FROM COMPANY SHALL CREATE ANY WARRANTY NOT STATED IN THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SERVICES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. The customer support team can be contacted via email at [enter email address] or via letter by physical mail at [enter address].
If any dispute cannot be settled informally, you and Company agree to resolve any claim or controversy at law or equity relating to these Terms or the Services (a "Claim") through binding, non-appearance-based arbitration. The arbitration shall be conducted by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are available at the JAMS website www.jamsdr.com/. The arbitration shall be conducted by a single arbitrator. The Parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of the decision, which will be final and capable of entry in any court of competent jurisdiction. Except as may be otherwise ordered by the arbitrator, each party shall bear its own costs and expenses in connection with any proceeding commenced under this section, including, without limitation, legal fees and disbursements, travel expenses, witness fees and costs, photocopying and other preparation expenses. The costs and other fees charged by JAMS shall be shared equally between the parties. The parties understand that in some instances, the costs of arbitration may actually exceed the costs of litigation.
Any arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 19 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate a Claim.
Notwithstanding the binding arbitration provisions found in this Section 19 and any contrary provisions herein, Company has the following equitable rights and remedies:
(a) You acknowledge that the rights granted and obligations made under these Terms of Service to Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm Company and which cannot be replaced by monetary damages alone. Accordingly, Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
(b) You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
This Agreement and any dispute arising out of or related to it or the Services shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. In the event of an arbitration, the arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Claim. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection with any entrance of an arbitrator's judgment or decision or any dispute with respect to the arbitration process or procedure or Company's exercise of its equitable rights or remedies set forth herein.
Company may assign or delegate these Terms of Service, 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 of Service without Company's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
Company may publish additional policies related to specific services or products. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, including any other terms applicable to specific Company products or services, contain the entire understanding between you and Company, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
The failure of Company to require or enforce strict performance by you of any provision of these Terms of Service or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Company's right to assert or rely upon any such provision or right in that or any other instance.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Company shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Company.
We may notify you via postings on the Services and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States, all notices given by you or required from you under these Terms of Service shall be in writing and addressed to: Company, Inc., Attn: Legal Department, 6701 Center Drive West, Suite 525, Los Angeles, CA 90045 or shall be sent via email to firstname.lastname@example.org
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You and Company agree that if any portion of these Terms of Service is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining Terms shall continue in full force and effect.
No Third Party Beneficiaries
Except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.