Summary

This Terms of Use (or “Terms” for short) apply to you and your download, access and/or use of VP Games’ Services. Because we know legal wording is not much fun, we have included a short and informal summary of each section (but the full version is the legally binding one).

1. These are the legally binding Terms of Use for VP Games’ games, websites, forums and other related services (collectively “Services”).
2. You are given a personal license to use and/or play and access our Services it, but VP Games owns and continues to own all rights related to the Services.
3. These Terms include your right to use the Services and the conditions of the Services- the do’s and the don’ts.
4. Use of the Services is also governed by our Privacy Policy available on our games settings and website https://vpgames.co.uk/privacy-policy (which explains what personal information we may collect and how we use and protect it).
5. Using VP Games Services, you thereby agree to these Terms. If you do not agree to these Terms, you do not have the right to use our Services.

1.  About These Terms

Downloading, accessing and using VP Games Services means that you agree to these Terms of Use (“Terms). If you accept these Terms, you represent that you are age 13 or older (or under 16 in certain jurisdictions in the European Union). If you do not agree to these Terms, you may not use or otherwise access our Services and must therefore uninstall our games from your device immediately.

VP Games may change and/or update these Terms at any time in response to changing legal, technical or business development reasons. Then we will put the changed/updated version online and we will take appropriate measures to inform you via our Services or otherwise. You agree to be bound by the updated Terms, by your continued access and/or use of the Services after said updates.

1.1 These Terms are legally binding contract between you and VP Games provided by VIEWPOINT APPLICATION LTD, incorporated and registered in the United Kingdom, whose registered office address is 101, Whitechapel High Street (2nd floor), Aldgate, London, E1 7RA, United Kingdom (company registration number 12063308).

1.2 These terms are made available via the app store or platform that you download our Games from (such as the Google Play Store and Apple App Store), and on our website at vpgames.theviewpointapp.com (the “Website”).

1.3 These Terms apply to our Services, including (but not limited to) any interactive entertainment products, game key or code giving you access to it or any parts of it, Virtual Goods and Virtual Money (defined below), any VP Games products and services related to our games, user accounts, customer and technical support, official forums, wikis, blogs and social media services.

1.4 These Terms and our Privacy Policy will be binding once you access, download, install, play or use any of our Services. If you do not agree to these Terms, please do not use or access our Services.

1.5 We may change and/or update these Terms from time to time, for example to reflect changes in our Services or to reflect applicable laws. If we do, you can access the latest version of these terms any time at https://vpgames.co.uk/terms-conditions and make reasonable efforts to notify you of it. Your continued use of our Services after these Terms has been updated shall confirm your acceptance of the updated Terms. If you do not agree to those changes, then unfortunately you must cease using our Services.

2.  Accessing and Using Our Services

You have the personal right to access and use our Services and all game rules and guideline can be find within the game itself. You are responsible for the internet connect and any charges associated with playing our games.

2.1 We give you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable and non-assignable license to use the Services. This license is for your personal non-commercial use only (so you cannot give, ‘sell’, lend, gift, assign, sublicense or otherwise transfer it to someone else) and does not give you any ownership rights in the Services. You do not receive any other license. We own and continue to own all of our Services including (but not limited to) all copyrights, computer codes, characters, etc.

2.2 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

2.3 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.4 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

2.5 Please be aware our Services may contain flashing images which may potentially trigger seizures for people with epilepsy. Player discretion is advised.

3.  Accounts

If Services involves a user account or if you choose to create a user account, then you are solely responsible for it, including the protection of your log in details. Your log in details is not to be shared with anyone else and should your account be used by anyone other than yourself then we will be entitled to assume that the person has your permission to use the account or log in details.

Your account may be deleted if there is no activity for a period of time, in which you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

Your account is personal to you and you are not entitled to transfer your account to another person.

3.1 When using our Services, you may choose to, and in some instances, you will be required to, create a user account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

3.3 In these Terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Services to interact with.

3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 365 or more days. In such an event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods associated with that account and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

4.  Virtual Currency & Virtual Goods

You may be able to buy and/or otherwise obtain things like cosmetics, in-game enhancements or virtual currencies and there are some additional legal rules for them. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.

4.1 Our Games may include virtual currencies such as Coins and Gems (“Virtual Money”), which may be purchased or obtained (earned during the game, game rewards, by completing offers or watching in-game advertisements). These Virtual Money are for use with our Games (“Virtual Goods”). You may also be able to by certain Virtual Goods with “real world” money and and/or virtual currency. We are the sole provider and issuing authority regarding Virtual Goods and Virtual Currency and only the Services’ users can use them.

4.2 To benefit from or use the Virtual Money and/or Virtual Goods in our Games you may first have to reach a certain level or progress to a certain point.

4.3 If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for ensuring that you have authorisation to use any chosen payment method, which includes obtaining account holder/parent/guardian approval if applicable. You are responsible for ensuring that this authorisation is maintained at all material times. Do not make inappropriate charge-back or refund requests.

4.4 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or were requested by you. You agree that these invoices may be electronic in format.

4.5 You agree that once purchased Virtual Money or Virtual Goods no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money, Virtual Goods and/or Subscriptions are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money, Virtual Goods and/or Subscriptions to anyone else. In order to protect the Services, users and to stop fraud, we may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Services, and not in any other way.

4.6 Virtual Goods and Virtual Money do not expire, but we reserve the right to change or amend that if necessary. We are not obliged to provide Virtual Goods or Virtual Money to you. VP Games reserves the right to revoke from users (without notice or compensation) any Virtual Goods and/or Virtual Money that have been obtained by users by way of (for example) bug, hack or exploitation of the Services or promotional offers.

4.7 If you do not connect your game play on a device to an account that is linked to either a VP Games account or your social network account, we will not be able to restore any Virtual Money or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:

• • any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase;
  • any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and
  • any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

4.8 The data associated with Virtual Goods, whether purchased by you using Virtual Money or otherwise credited or awarded to you, is stored locally on your device and so is not synced between different devices even if you have connected your game play on a device to an account that is linked to either your social network account or VP Games account. Accordingly, any risk of loss of this data is transferred to you

(i) in the case of Virtual Goods which you purchase from us, upon completion of the purchase; and/or

(ii) in other cases, (including Subscriptions) at the time the Virtual Goods are credited or awarded to you.

4.9 Depending on your platform, any Virtual Goods, Virtual Money or Subscriptions purchased may be subject to your platform provider’s terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

Subscriptions

4.10 Payment for a Subscription will be charged to your account at the point of purchase and for renewals will be taken within the 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your platform account and cannot be transferred between platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellation is not permitted during an active Subscription period.

4.11 You may cancel your subscription at any time. Unless an exception applies under applicable law in your jurisdiction, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. To cancel, you can turn off automatic renewals in the Account Settings of the Software. If you use the Software on an Apple device, you can also cancel through the Settings on your device. Go to Settings, tap iTunes & App Store, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. If you are an Android user, open the Google Play Store on your device, tap Menu and then Subscriptions. Tap the subscription to cancel, and then tap Cancel.

5.  User Conduct and Content

In order for you to be able to access and use our Service, we ask that you follow some rules, including but not limited to the ones listed below.  You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times. You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

5.1 Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

5.2 Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of these Terms, which may lead to suspension or cancellation (temporary or permanent) of your access and use of the Services. Here are the main rules that you agree to (under all circumstances):

(i) Personal Enjoyment: Only access and use our Services for your personal enjoyment and not for any advertising (or transmission of any commercial advertisements such as spam emails), other commercial or political purposes.

(ii) Restricted Access: Do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the Services, Virtual Money or Virtual Goods (defined above), any user account or any of your rights under these Terms to any other party in any way not expressly authorized herein.

(iii) Technical Misuse: Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Services unless you are specifically allowed by applicable law.

(iv) Hacking/Grieving: Do not hack, harm, grief, harass, threaten or misuse the Services, other users of our Services of any VP Games’ products, games, services, community members or staff.

(v) Cheating: Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the Services in any way (including, without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication between VP Games or its partners and our Services and/or any unauthorized third party programs that collect information about the Services by reading areas of memory used by the Services to store information).

(vi) Account Misuse: Do not share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate user accounts or the Services access keys/codes (all of which are our property). If you are concerned that any of this has happened to you, contact customer support at support@vpgames.co.uk.

(vii) Power-levelling: Do not perform in-game services for others like power-levelling, boosting or ladder-climbing, whether or not in exchange for payment (real money or otherwise) from others.

(viii) No Advertising: Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through the Services.

(ix) VP Games Services: Do not deliberately or maliciously interrupt or interfere with the Services, any other VP Games services like customer or technical support or impersonate VP Games staff.

(x) Interfering with Servers: Do not overburden, interfere with or disrupt the Services or third-party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with VP Games software, through protocol emulation, or through creation or use of private servers or any analogous services regarding the Services.

(xi) Accessing Servers: Do not access or attempt to access areas of the Services or servers that have not been made available to the public.

(xii) Data Mining: Do not intercept, mine or otherwise collect any data or information from the Services, other people using the Services, including, but not limited to using unauthorized third-party software or use of pixel tags, cookies GIFs or similar items sometimes also referred to as spyware.

(xiii) Accounts and Virtual Content: Only use user accounts, Virtual Goods or Virtual Money (defined above) for their intended purpose.

(xiv) Names/Trademarks: Do not use VP Games, VIEWPOINT APPLICATION LTD or any other names of any Services or other VP Games names or logos or trademarks for any unauthorized purposes.

(xv) Infringing Content: Do not do anything in connection with the Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.

(xvi) Malicious Code: Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the Services.

(xvii) Geographic/regional restrictions: You must follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the Services.

(xviii) Conduct: Do not do, post or say anything that is or may be considered threatening, racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. This includes in any chat or other communications with users. VP Games reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason. Please report any behaviour you think is in breach of this rule by sending a message to support@vpgames.co.uk.

5.3 We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.

5.4 We have the right to remove uploaded 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 Content that is contributed by people that use our Services and we make no undertaking to do so.

5.5 You are solely responsible for your interactions with other users of our Services. You agree that you shall not hold VP Games liable for any loss or damage arising from the Content (yours or another user’s) including without limitation in respect of any defamation, harassment, or false endorsement claims.

6. Multiplayer Games and Playing With Others

If play any of our games with other users our take part in multiplayer games and leaderboard, you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media and can be seen or viewed by other users. Including when you invite friends to join the game.

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

(i) choose to play against another user or to play socially with another user whom VP Games selects for you;

(ii) play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again;

(iii) invite friends to join the game by sending out a referral link associated with your user account and your Game play information may therefore be available to others to see.

6.2 Where VP Games selects another user or opponent for you, or groups you with other users for a game mode, we may either select at random or use such criteria as we see fit in order to make these selections (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.

7.  Termination

You can terminate these Terms by stopping the access of use of the Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Services if you seriously breach these Terms.

7.1 These Terms shall remain in full force and effect while you use our Services. You can terminate these Terms by permanently stopping the access and use of the Services at any time (including deleting our Games from your device). Termination will not affect already existing rights or obligations of us or you. If you have an automatically renewing subscription, please follow the instructions in the “Subscription” section above to cancel your subscription.

7.2 Without limitation, any breaches of paragraphs 5.2 are likely to be considered material breaches. If we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

(i) delete, suspend and/or modify your account or parts of your account;

(ii) otherwise suspend and/or terminate your access to our Services;

(iii) modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;

(iv) reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.

7.3 If we cancel or suspend your account in this way, we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. Cancellation or suspension will include you losing access to Virtual Goods and Virtual Money. If we cancel or suspend your account under this section, then we will not have any obligations or liabilities to you at all.

7.4 If VP Games decides itself to stop providing the Services permanently, then we will try to give you at least sixty (60) days’ notice by posting an update on the applicable website. After that time period, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities).

8.  Availability of the Services

We do not guarantee that any of our Serveries will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time.

9.  Complaints Dispute Resolution

If you have any concerns or issues, you can contact us at support@vpgames.co.uk. We hope we can resolve any complaints with you through informal dispute resolution.

10.  Feedback or Suggestions

Feedback and suggestions are great (thank you!) but at our discretion without responsibility/liability.

You are welcome to give us feedback and suggestions to improve the Services – in such case you can contact us at feedback@vpgames.co.uk. We appreciate your feedback and suggestions, but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any obligations or liability to you.

11.  Contact Us

If you have any questions about any of these Terms of Use, you may contact us by sending us an email to privacy@vpgames.co.uk.