These terms are effective as of 1st March 2020.
vK Games Ltd. (in the following referred to as “VK GAMES”), is a United Kingdom company based in Scotland, registration number SC655009, having its registered business address at 14 Rutland Square, Edinburgh, Scotland, EH1 2BD. These User Terms (in the following referred to as “Terms”) apply to any download, access or use of VK GAMES’ games (in the following referred to as “Games” in plural or “Game” in singular).
The Terms apply whether you download, access or use the Games on a computer, on a mobile device (including tablets), on a console, on a website, or on any other device or platform. The Terms also apply to any other services (in the following referred to as “Services”) that we may provide in connection with the Games, including customer support, community channels, social media and our website.
The Terms constitute a legal agreement between you and VK GAMES and by downloading or using a Game or another Service, you agree to be bound by the Terms.
The Terms are made available via the platform or app store that you download or use our Games from (such as Google Play Store, the Apple App Store, Amazon App Store, Windows Phone Store), on any platform or website where you play our Games (such as www.facebook.com).
If you do not agree to the Terms (including any future updated version of them) you may not access or use the Games and Services, and you must cease to access and use of any of VK GAMES’ Games or other Services. Your continued use of our Games or other Services after the Terms have been updated will confirm your acceptance of the updated terms. If in the future we determine that an update to the Terms requires you to accept the updated terms, you may not continue to use the Games or other Services until you have accepted the updated terms. Access to the updated version of the Terms can be found at www.vkgames.studio/legal/tos.
By accessing our Games or other Services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Games and/or Services. The materials contained in our Games or Services are protected by applicable copyright and trademark law.
You agree to comply with the specific rules for each Game that you access or play. Those rules concern matters such as how to score points, how to control characters, what to do with resources etc. When made available, you find them, as well as guidelines for each Game, inside the Game itself.
You are responsible for your own internet connection. Please note that by downloading or playing our Games or using our other Services, mobile charges may incur. We recommend that you use WIFI connection or that you ask your mobile operator or internet service provider what the charges will be.
When you use our Games or other Services you may create an account with VK GAMES. In some cases, you may be required to do so in order to download, access or play a Game. You may also use an account or log-in from a social network or other platform that our Games or other Services interact with. If you do create an account with VK GAMES or you use our Games or other Services from a social network or platform using your account and log-in details from there, you agree that you must take all steps necessary to protect your log-in details and keep them confidential. You agree that you may not give your log-in details to anyone else and that you may not allow anyone else to use your log-in details or your account.
You agree that we are entitled to assume that anyone logging into your account using your log-in details is either you or someone logging in with your explicit permission. If you do not keep your log-in details secret, or if you share your log-in details or account with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases). In such cases you agree to fully compensate us for any losses or harm that may result.
You agree that VK GAMES is not responsible to you for any loss that you suffer as a result of an unauthorised person or computer accessing your account or using our Services. VK GAMES does not accept any responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
VK GAMES reserves the right to delete an account that you have created with VK GAMES, if no activity is conducted by you in relation to the account for 120 or more days. In such event, you may no longer be able to access or use any Coins or Boosts (as defined below) associated with that account. Further, you will not be offered a refund.
Any account you have created with VK GAMES is personal and you are not entitled to transfer it to anyone.
You accept that if you delete an account that you have created with VK GAMES, or if we delete such account in accordance with these Terms, you will lose access to any data previously associated with your account including your progress through the Games, the level or score you have reached in the Games, any team you have connected with or created, any Coins or Boosts you have acquired and any communications made using our Services.
Our Games may include virtual coins (in the following referred to as “Coins”) and resources that help you advance in the Games (in the following referred to as “Boosts”). Coins and Boosts can be earned as part of the Game. Coins and Boosts can also be purchased in the Games using either Coins or using real money.
You understand and accept that once you have purchased Coins and Boosts, they have no monetary value and do not represent any stored value and cannot be exchanged for real money. You accept that Coins and Boosts may not be transferred to anyone else and you agree that you will not transfer or attempt to transfer any Coins or Boosts.
You also agree that although we use terms like “purchase”, you do not purchase a good; rather you purchase a license, which is personal, non-exclusive, limited and revocable.
You accept that all sales by us to you of Coins or Boosts are final and that we will not grant you refunds on any transaction once it has been completed. If you reside in the European Union you are in certain cases entitled to withdraw from distance purchases pursuant to European Union law or national law; However, when you purchase a license to use Coins or Boosts from us, you acknowledge that they are a digital service which is to be considered consumed immediately and that therefore – to the furthest degree permitted by law – your right of withdrawal has ceased at this point. A purchase of Coins or Boosts is considered completed at the time the Coins or Boosts have successfully been credited to your account.
If you chose not to connect your game play to Facebook, we may not be able to restore any Coins or other data associated with your Game to a different device if you lose your first device or if it is damaged. Because of this, any risk of loss of Coins or Boosts, which you have purchased, is transferred to you upon completion of the purchase. Any risk of loss of Coins or Boosts that you receive from us without making a purchase is transferred to you at the time the Coin or Boost is credited to your account. Other data related to your Games including your progress through Games, or the level or score you have reached in Games is transferred to you immediately at the time such data is generated.
Unless you have connected your Game to an account on Facebook it is not synced between different devices and we may not have a backup of your Game. This means that any risk of loss of this data relating to Coins or Boosts is transferred to you upon completion of the purchase and – in cases where the Coin or Boost is not purchased – at the time the Coin or Boost is credited or awarded to you.
The app store or social network you use when purchasing Games or making in-app purchases will provide you with an invoice. These invoices will be in electronic format only.
VK GAMES reserves the right to change or remove any Coins or Boosts without any liability to you.
At any time, VK GAMES may change the pricing for Coins and Boosts, both before and after you have downloaded a Game. We may also expand or limit the total amount of Coins or Boosts that can be purchased at once or held in your account. You are obliged not to purchase Coins or Boosts from any source which is not VK GAMES or authorized by VK GAMES.
Please note that different platforms and social networks have different terms and conditions that apply to app purchases and in-app purchases on those networks and platforms. Consequently, they treat the purchase of Coins and Boosts differently. You should check with your platform or social network before making a purchase.
Unless it says otherwise, content available for purchase in any in-game store has the same age rating as the Game.
If we suspend or terminate your account, you may lose any Coins and Boosts that you have and VK GAMES will not make any refunds or otherwise compensate you for this loss.
The charge for Coins, Boosts or other virtual goods, Games or other items you can purchase will be as stated in the Game, app store or social network where you make the purchase, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which app store, social network, bank, credit card or payment provider you use, additional charges may be issued; VK GAMES has no control over this and accept no liability in relation to it. If you are unsure whether you will be subject to such additional charges then you should check with the app store, social network, bank, credit card or payment provider before making a purchase. The app store, social network, bank, credit card or payment provider may have their own terms and conditions and you should make sure that you are in agreement with these before making any payments.
When playing our Games, you must comply with all applicable laws in the location that you access our Games or other Services from. Should there be any laws that restrict or prohibit you from using our Games or other Services, you must comply with those legal restrictions or, if applicable, stop accessing or using our Games and Services.
You promise that all the information you provide to us on accessing or using our Services is and will remain correct and complete.
You are responsible for all information, whether as data, software, sound, photographs, drawings, illustrations, graphics, video or in other form, which you send, upload, communicate, transmit or otherwise make available via our Games or other Services. Similarly, all information, whether as data, software, sound, photographs, drawings, illustrations, graphics, video or in other form, which is sent to you, uploaded to you, communicated to you, transmitted to you or otherwise made available to you via our Games or other Services, is the sole responsibility of the person that sent it to you. VK GAMES has no responsibility for such content whatsoever.
You promise not to upload, communicate, transmit or otherwise make available any content: which is or could reasonably be considered unlawful, harassing, defamatory, libellous, bullying, obscene or otherwise harmful or objectionable; which is likely to, or could reasonably be considered as inciting violence, or racial or ethnic hatred; which is or could reasonably be considered invasive of another person’s privacy; which contain pictures, illustrations, videos or other material of sexual or pornographic nature; which you do not have the right to make available (including inside information, trade secrets, or confidential information); which infringes intellectual property rights or other proprietary right of others; which consists of any unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to destroy or limit the functionality of any software or hardware.
You promise that you will not: use our Games or other Services to harm anyone in any way; use our Games or other Services to harass or bully anyone; create more than one account per platform to access our Services; use another person’s or entity’s email address to sign up to use our Games or other Services; disguise, anonymize or hide your IP address or the source of any content that you upload, send or otherwise communicate or transmit; use another person’s or entity’s device or computer to sign up for our Games or other Services without their consent; use our Games or other Services for fraudulent or abusive purposes (including, without limitation, by using our Games or other Services to impersonate anyone); or interfere with or disrupt our Games or other Services or our servers or the networks that provide our Games or other Services.
VK GAMES does not monitor or check content posted on our Services by users or other people and therefore we do not guarantee the accuracy or quality of such content. Consequently, when you use our Services, you may be exposed to content that you consider offensive, indecent or objectionable. In no circumstances will VK GAMES be liable in any way for any content, including for errors or omissions in any content, or any losses or harm of any kind resulting from the use of any content uploaded, posted, emailed, communicated, transmitted or otherwise made available via our Services.
Your license to the Games or Services shall automatically terminate if you violate any of the restrictions detailed in the Terms and may be terminated by VK GAMES at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
VK GAMES has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by VK GAMES. Use of any such linked website is at the user’s own risk.
VK GAMES may provide links to websites or services of third parties from VK GAMES’ Games and other Services. VK GAMES does not take any responsibility for any such third parties’ content, services or goods and does not endorse the same. VK GAMES does not take any responsibility for losses or harm that may result from using such third parties’ content, services or goods. You alone are responsible for fees that such third parties may require you to pay, if any.
Our Games are made for consumers to play in a fair manner. You promise that you will refrain from: using our Games or other Services for any commercial or business purpose; removing or amending any notices or other ownership information from our Games or other Services; decompiling, reverse engineering, or hacking any of our Games or other Services, or to defeat or overcome any of our encryption technologies or other security measures; scraping or otherwise systematically collecting any information about or regarding other people that use our Games or other Services, including, but not limited to any personal data or information; uploading anything that collects information including cookies, pixel tags, graphics interchange formats or other kinds of spyware or passive collection mechanisms; selling, transferring, or licensing Coins or Boosts or an account with VK GAMES; change the normal flow of a Game; act in a manner that is likely to negatively affect other users’ ability to compete fairly when playing our Games; breach any requirements or regulations of any network connected to our Services; use our Services to cheat or design or assist in cheating, including by using automated means or third-party software to play; otherwise circumvent technological measures designed to control access to our Games or other Services; or do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms.
If you are concerned that someone else is not complying with any part of these Terms, please contact us at support [at] vkgames.studio
Our Games may allow you to play with or against other users. Some of our Games may also allow you to search for your friends (for example, by email address, phone number or name) in order to find them to play with or against them. We may also display the user names of users you have played with or against before so that you can easily find them again.
VK GAMES may select other users for you based on different criteria such as your and their past scores, your and their country, or the level you or they have reached in the Game or other gameplay activity. We may also select them randomly.
By accessing or playing our Games, you agree that your user name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also accept that other users may find you by searching for you with your email address, user name or phone number. Please note that we will only show your user name publicly, and not your email address or phone number; other users must already know your email address or phone number themselves in order to search for you.
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms.
If VK GAMES reasonably believes that you are in material breach of these Terms (including by repeated minor breaches), VK GAMES is entitled to take any of the following actions, whether individually or in combination, and either with or without notice to you (and without limiting any other remedies or any other section of these Terms): delete, suspend or modify your account or parts of your account; otherwise suspend or terminate your access to our Games and other Services; modify or remove any Coins or Boosts that may be associated with your account; reset or modify any game progression, achievements etc. associated with your account, such as any level or score you have reached. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from your breach of these Terms.
VK GAMES does not promise that its Games or other Services will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Games or other Services will provide specific results. The Games and other Services are delivered on an “as-is” and “as-available” basis. Everything in the Games and in the other Services is subject to change without notice. We cannot ensure that any files or other data you download from app stores, social media sites or our website will be free of viruses or contamination or destructive features.
VK GAMES disclaims all warranties, express or implied, including any warranties of non-infringement, merchantability accuracy, or fitness for a particular purpose. VK GAMES disclaims any liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our Games or other Services. You assume total responsibility for your use of the Games and other Services. Your only remedy against VK GAMES for dissatisfaction with the Games or other Services is to stop using the Games or Services. For clarity, this also applies to Coins and Boosts you receive or purchase in the Games.
The disclaimer in this section applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
VK GAMES reserves the right at any time and without notice to: modify, suspend or terminate operation of or access to the Games or other Services, or any part of the Games, for any reason; modify or change the Games and other Services, or any part of the Games or other Services such as Coins or Boosts, and any applicable policies or terms; and/or interrupt or delay the operation of the Games and other Services, or any part of those, in order to perform routine or non-routine maintenance, error correction etc.
Except if prohibited by applicable law, in no event shall VK GAMES be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use our Games or Services, even if VK GAMES or a VK GAMES authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
If, in spite of the above, VK GAMES is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Games or other Services, VK GAMES’ liability will in no event exceed the total fees you have paid to VK GAMES with respect to any Games and other Services, including in-app purchases, in the six months prior to the date of the initial claim made against VK GAMES. If your jurisdiction does not allow limitations of liability, the foregoing limitation may not apply to you.
Any additional mandatory legal rights which you may have as a consumer remain unaffected by these Terms.
All copyright, trademarks, design rights and other intellectual property rights in and relating to our Games and other Services is owned by VK GAMES or licensed to VK GAMES. This does not include content which users have contributed, which is owned by the users.
As long as you comply with these Terms, we grant you a personal, non-transferable, non-exclusive, revocable limited license to access and use our Games and other Services for your own private and personal use. You agree not to use our Games and other Services for anything else. For the sake of clarity; these Terms also apply to any patch or other update which we may release or make available for our Games or other Services.
You acknowledge that except from the license granted to you by these Terms, you will have no ownership or property interest in any of our Games or other Services, including no ownership interests to your accounts, to your Coins or to your Boosts. You are obliged not to copy or distribute our Games or other Services. You are not entitled to make any derivate work from our Games and other Services, including any part of the Games, such as characters.
You are obliged not to use or make available any cheats or technological measures, which are designed to control access to, or elements of, our Services, including providing access to Coins or Boosts. This applies regardless of whether it is on a free of charge basis or not.
If you submit any content via our Games or other Services, you grant us the right to edit, publish and use your entry and any derivative works we may create from it, in any media, for any purpose, always and without any payment to you. You waive your “moral rights” in the content to the furthest degree permitted by law, including the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You also accept that we will not monitor or protect your rights in any content that you may submit to us but you do give us the right to enforce your rights in that content if we may want to, including by taking legal action (at our cost) on your behalf.
By accepting these Terms, you agree that VK GAMES has the right to transfer all or some of its rights and obligations under these Terms to a third party without your consent if this transfer does not do you any significant harm. Also, by accepting these Terms, you agree that you don’t have the right to transfer any rights you have been given under these Terms without VK GAMES’s written consent.
The entire agreement between you and VK GAMES concerning our Games and other Services consists of these Terms and the Privacy Terms. All earlier agreements between you and VK GAMES concerning our Games and other Services are replaced by these Terms.
You can access these Terms at any time on our website here: www.vkgames.studio/legal/tos.
VK GAMES has the right to change these Terms. The amended version of the Terms will be posted on our website as identified above. VK GAMES may change the Terms for any reason, including if we change our Games and other Services, or for business, legal or technical reasons. If you don’t accept the amendments to the Terms, you are obliged to stop using our Games and other Services immediately.
If any provision of these Terms is considered invalid or cannot be enforced under any local law that is applicable or by any applicable court, it must be interpreted according to the applicable law in such way that it reflects the original intentions of the parties as nearly as possible. The other provisions of these Terms remain valid and enforceable. If a provision of these Terms cannot be interpreted as valid and enforceable under any applicable law, then it will be considered non-existing, but the rest of the Terms will be valid and enforceable.
If VK GAMES is not exercising or enforcing its rights under these Terms, VK GAMES does not lose its right to exercise or enforce such rights. Any renouncing of our rights will be considered valid only if it is done in written form and is signed by VK GAMES.
If you have any problems or concerns regarding our Games and other Services you may contact the VK GAMES team at support [at] vkgames.studio.
If the issue or concern cannot be solved even after you have contacted the VK GAMES team, and you wish to bring legal actions against VK GAMES, these Terms will be interpreted and governed by the laws of Scotland.
These terms and conditions are governed by the laws of Scotland and will be applicable to interpretation of these Terms and to all claims for breach of the Terms, without reference to conflict of laws principles. To all other claims, such as claims for consumer protection, claims for unfair competition, claims in negligence and tort claims, the laws of the country you are resident in will be applicable. The courts of Scotland will have jurisdiction over any dispute that arises between parties regarding these Terms unless the law in the country you are resident in allows you to choose the courts of that country for the said dispute. VK GAMES’ Games and Services are intended for use, and may only be used, in countries where all such use is lawful.