TERMS & CONDITIONS
This document contains legal information, including the Terms and Conditions and the Code of Conduct applicable to the online services provided by Vitali (hereinafter the “Company”) in connection with any Vitali site or application (“Services”) . Please read them carefully.
The Services are the property of the Company. The Company provides access to the Services Service provided hereon subject to your compliance with the following Terms and Conditions constitute an agreement between you and the Company (“Agreement”) that governs the relationship between you and the Company with respect to your use of Services. It is important to read carefully and agree to the following Terms and Conditions before the use of the Services. The Company may at any point make changes and amendments to the present Terms and Conditions. You are responsible to keep track of these changes. Use of the Services after these amendments constitutes acceptance of the new Terms and Conditions. If the user at any point violates these terms, the Company may take all necessary actions, including termination of user’s account, without prior notice (See Termination as well).
You may be thirteen or over to use the Services or register as a Member. If you are between the ages of thirteen and eighteen, you declare that your legal guardian has reviewed and agrees to these Terms and Condition. By agreeing to these Terms and Conditions or by using the Services, you represent and warrant that you have the authority, right and capacity to enter into this Agreement and to abide by all of the Terms and Conditions of this Agreement.
Other Agreements: Please note that, if you sign up for one or more features of the Services that are provided by third parties or any widgets and applications that may be listed or marketed on the Services, then you may be required to agree to terms of services with those third parties as well. Any such terms of services are different from and in addition to this Agreement.
TDESCRIPTION OF ONLINE SERVICES
The Services include, but not limited to, any service or content the Company provides to you, including any materials displayed or performed on the Service. The Company may change, suspend or discontinue any feature or content. The Company may also impose limits on certain features and services or restrict the access to parts or all of the Services without any notice or liability.
HOW WE PROTECT AND STORE INFORMATION
Your license to use the Services is limited by these Terms of Service. All software made available to access the Services is the copyrighted work of the Company and/or its licensors. The Company hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever.
TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
All Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Company and is protected by copyright, trademark, and other intellectual property rights. The Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
LIMITED LICENSE BY THE COMPANY
The Company grants you a limited, non-sublicensable license to access and use the Services and to view, copy and print portions of the Services. Such license is subject to these Terms and Conditions, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Services for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Services, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Services; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services (except for page caching), except as provided herein.
Except as expressly permitted above, any use of any portion of the Services without the prior written permission of the Company is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws. Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights. This license is revocable at any time.
You represent and warrant that your use of the Services will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify the Company against any liability to any person arising out of your use of Services not in accordance with these Terms and Conditions.
To request permission for uses of the Services not included in the foregoing license, you may write to the Company at email@example.com.
CODE OF CONDUCT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Services.
You agree, by using the Services, that shall not:
- Create an account with or access the Service if you are under the age of 13;
- Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
- Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and Conditions and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
- Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
- Upload or transmit (or attempt to upload or to transmit), without the Company ’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
- Improperly use support channels or complaint buttons to make false reports to the Company ;
- Develop, distribute, use, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
- Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;
- Deal with Coins in a manner that violates these Terms, including transferring Coins to other individuals, parties, or entities, selling or re-selling Virtual Currency or virtual goods or fraudulently obtaining or acquiring Virtual Currency or other products or services;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without the Company ’s written permission;
- Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without the Company ’s written permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
- Attempt to use the Services on or through any service that is not authorized by the Company. Any such use is at your own risk and may subject you to additional or different terms. The Company takes no responsibility for your use of the Services through any service that is not authorized by it;
- Post or communicate any person’s real-world personal information using the Services;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; or
- Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
When we provide services involving user-posted messages or content, we do not review every posting, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, or any other service in the Company’s family of Services. If you feel that any posting is objectionable, we encourage you to contact us by email at firstname.lastname@example.org We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately. We reserve the right to remove (or not) any posted message or content for any (or no) reason whatsoever. You remain solely responsible for your postings, and you agree to indemnify and hold harmless the Company and its agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Services (including bulletin boards and chat rooms).
If at any point Service require to open an account you agree to provide accurate, current and complete data. You also agree not to pretend to be someone else when using the Services. Names that are offensive in any way or are meant to cause confusion such as webmaster, admin, web_master, etc. will not be accepted as user names.
Users are liable to the Company and its affiliates for any loss or damage that may arise from illegal or harmful use of their account and Services as well as from an illicit use or use non pursuant to the present Terms and Conditions.
You understand and agree that you are the sole responsible of keeping the security of your account. You also agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security. The Company is under no circumstances liable for any loss or damage arising from your failure to comply with this Section or any use of your password or account whether authorized by you or not. You are by all means liable to the Company for any loss that derives from any use of your account even an unauthorized one.
While using our Services you will use “coins” or other online currency. It is possible to pay a fee in order to obtain such coins and currency. The Company reserves the right to adjust the ratio of coins per fee. Such purchase of online currency, “coins”, is personal, non-refundable, non-transferable, non-exchangeable in all circumstances. In case of termination of your account, of the Services, or of the present Agreement the above apply as well. The Company will not be held liable for hacking or for loss of virtual in-game items provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any virtual in-game items lost due to your violations of these Terms and Conditions. The Company reserves the right, without prior notification, to limit the order quantity on any virtual in-game item and/or to refuse to provide you with any virtual in-game item. Verification of certain information applicable to a transaction involving a virtual in-game item may be required prior to our acceptance thereof. Price and availability of the virtual in-game items are subject to change without notice.
You may purchase virtual, in-game currency from Facebook (“Facebook Credits”) in exchange for “real money.” This is a transaction between you and Facebook and the Company is not a party. If you purchase Facebook Credits, you are agreeing to Facebook’s terms relating to payment and Facebook Credits (http://www.facebook.com/credits/). The Company is not responsible for any issues related to the services provided by Facebook to you in connection with the purchase of Facebook Credits. Once you have completed your purchase of Facebook Credits you may redeem Facebook Credits in order to gain virtual goods offered in our Services available on the Facebook platform. You understand that the use of Facebook Credits does not entitle you to any right or title in the Company. The Company is not affiliated by any means with Facebook.
The Company collects the data that you have submitted to your profile from the social networking site that you are already registered to and allows you access to the Service. The Company collects only the submitted data / profile data (like name) that are necessary for the proper function of the Service i.e. in order to keep track of high scores, or in order to notify you about new products etc.
Technical information such as your IP address may be recorded for the proper operation of the Service.
Upon invitation of your friends to join the Services, we may collect and record additional data such as their e-mail addresses and names. By using the Services you consent and permit the Company to collect, record and use your data according to these Terms and Conditions and as they may be amended from time to time.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE OF THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY ’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE COMPANY MAY PROVIDE LINKS, THIRD PARTY CONTENT, WIDGETS, APPLICATIONS, POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES AND MAY, FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICES. NEITHER THE COMPANY, IT’S SUBSIDIARY COMPANIES AND THEIR AFFILIATES, ENDORSE, TAKE RESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS ON THE SERVICEE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
THE COMPANY AND ITS AFFILIATES THEY ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICEE, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICEE, AND/OR THIRD PARTY SITES IS TO STOP USING THE SERVICE(S) CONCERNED AND/OR THOSE SERVICES.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SERVICES, THE E SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS. FOR THE AVOIDANCE OF DOUBT, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SERVICES WILL BE UPDATED (IF AT ALL).
THE AVAILABILITY OF ANY SERVICE ON A SOCIAL NETWORKING SITE DOES NOT INDICATE ANY RELATIONSHIP OR AFFILIATION BETWEEN THE COMPANY AND SUCH SOCIAL NETWORKING SITE.
YOU AGREE TO INDEMNIFY AND HOLD, AND EACH OF ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN CONNECTION WITH
(I) YOUR USE OF AND ACCESS TO THE SERVICE;
(II) YOUR VIOLATION OF ANY TERM OF THESE TERMS;
(III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT;
(IV) ANY CLAIM THAT A USER SUBMISSIONS MADE BY YOU HAS CAUSED DAMAGE TO A THIRD PARTY; OR
(V) ANY USER CONTENT YOU POST OR SHARE ON OR THROUGH THE SERVICE.
VOID WHERE PROHIBITED
Although these Services are accessible worldwide, not all products or services discussed or referenced on these Services are available to all persons or in all geographic locations. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in these Services is void where prohibited.
The Company may terminate or suspend any and all Services and any registered account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of the Terms and Conditions. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
APPLICABLE LAW – MISCELLANEOUS
The present Terms and Conditions, as well as any modification, alteration or amendment on them are governed by the Cyprus and European Law and to the international treaties and agreements signed by Cyprus, without regard to principles of conflict of laws and regardless of your location. By accepting these Terms you accept that they are subject to the jurisdiction of Cyprus Courts.
All the above-mentioned terms are essential. Should any of the terms become against the law, becomes inactive without affecting the rest of the terms.
This is an agreement between the Company and you. In case Company merges or is taking over wholly or partly, the present Terms of Service remain valid and bind you with the successor of the Company.
None modification of these will be regarded as valid until it written and embodied to the present Terms and Conditions. The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on a page of this Service entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.
Disputes arising between users and the Company should firstly be negotiated and tried to be solved out of court.
If users disagree with the above mentioned Terms should not use the site and services of the Company.