PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND SERVICE
These terms of service (the “Terms”) set out the terms and conditions by which Vela Games Limited offers you access to our websites https://evercoreheroes.com, https://vela.games/, https://accounts.velagames.net, games, apps, (playtest) community and other services (the “Vela Games Services” or our “Services“) whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Services. By completing the registration process, browsing the website, or otherwise accessing or using the Services, you represent that you have read, understand, and agree to be bound and abide by these Terms. If you do not agree to the Terms, you may not access or use the Services.
PLEASE BE AWARE THAT SECTION 22 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
These Terms are intended to be read in conjunction with our Privacy Notice, which also applies to your use of our Services. Please read the Privacy Notice to understand how we process your personal data.
WHAT IS IN THESE TERMS?
1 WHO WE ARE AND HOW TO CONTACT US
2 BY USING OUR SERVICES YOU ACCEPT THESE TERMS
3 OTHER TERMS THAT MAY APPLY TO YOU
4 WE MAY MAKE CHANGES TO THESE TERMS
5 VELA COMMUNICATIONS
6 WE MAY CHANGE, SUSPEND OR WITHDRAW OUR SERVICES
7 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
8 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
9 HOW YOU MAY USE MATERIAL ON OUR SERVICES
10 DO NOT RELY ON INFORMATION ON THIS SERVICES
11 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
12 USER-GENERATED CONTENT IS NOT APPROVED BY US
13 HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15 YOUR RESPONSIBILITY
16 UPLOADING CONTENT TO OUR SERVICES
17 ACCEPTABLE USE AND CONTENT STANDARDS
18 RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
19 PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
20 RULES ABOUT LINKING TO OUR SERVICES
21 APP STORES
22 COMPLAINTS AND ONLINE DISPUTE RESOLUTION
23 MANDATORY ARBITRATION
WHO WE ARE AND HOW TO CONTACT US
Vela Games Limited (“Vela Games“) is an Irish limited liability company registered in Ireland.
https://evercoreheroes.com, https://vela.games/, and https://accounts.velagames.net are websites operated by Vela Games Limited (“We”, “us”, “our” or “Vela Games”). We are registered in Ireland under company number 633265 and have our registered office at Whitaker Court, Whitaker Square, Sir John Rogerson’s Quay, Dublin 2, Ireland. Our main trading address is Whitaker Court, Whitaker Square, Sir John Rogerson’s Quay, Dublin 2, Ireland. Our VAT number is IE 3569347TH.
To contact us, please email [email protected] or send a letter to our registered address.
BY USING OUR SERVICES YOU ACCEPT THESE TERMS
By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. We may terminate your access to the Services if you do not comply with these Terms
In order to access some of our Services, you may have to create an account with us. You agree not to use another’s account without permission.
You may not create an account if you are under the age of 18
EARLY ACCESS (ALPHA / BETA) SPECIFIC TERMS
BY DOWNLOADING OR USING AN ALPHA OR BETA VERSION OF THE PRODUCT (collectively called, “Beta Product”), YOU AGREE TO THE TERMS OF THIS PRIVATE AGREEMENT (“Agreement”).
If you do not agree to the terms of this Agreement, do not download or use an early version of the product.
This Agreement is between Vela Games Limited (“Licensor”) and you. You must be 18 years or older.
Early access Product. Licensor may provide you with software, documentation and access to the beta test program (collectively, “Beta Product”). Beta Product participation is subject to this Agreement. Licensor may terminate this Beta Product at any time without cause or advance notice to you. You must keep the Beta Product in your control and take reasonable efforts to prevent others from using it. You are responsible for any loss or damage to your Beta Product or to Licensor’s intellectual property rights in it, including loss or damage resulting from the disclosure of the Beta Product. You will immediately notify Licensor if you become aware that the Beta Product provided to you is distributed or transferred to a third party, and you must use your best efforts to help recover the Beta Product and to prevent any further loss of disclosure.
License. When you install the Beta Product, Licensor grants to you a limited, revocable, non-exclusive license to use the Beta Product for personal use on your computer for which the Beta Product was designed. Licensor reserves all rights in the Beta Product not explicitly granted to you in this license, including rights to all intellectual property contained in the Beta Product. This license does not include the right to, and you agree not to
(a) rent, lease or sublicense the Beta Product or make it available on a network to other users;
(b) modify, adapt, translate, reverse engineer, decompile or disassemble the Beta Product;
(c) create derivative works from the Beta Product; or
(d) copy, publicly perform or broadcast the Beta Product in an unauthorised manner.
Non-disclosure of the Beta Product:
(a) The Beta Product and any information regarding your use of the Beta Product, whether shared with Licensor or not, is Licensor’s confidential information. You may use the Beta Product only in your home solely for the purpose of testing the Beta Product, and you will not transfer, distribute or disclose any materials, User Material, or any information in connection with the Beta Product to any third party, including through a public exhibition or display. You may not discuss your experience with the Beta Product with third parties or publish or disseminate information about those experiences;
(b) the Beta Product is not thoroughly tested and includes pre-release materials that are not intended for public release;
(c) the features provided in the Beta Product may not be available in the final release;
(d) disclosure of any part of the Beta Product, User Material or your experiences using the Beta Product to any third party, including any trade or consumer press, news agency or any competitor of Licensor, will cause significant and irreparable harm to Licensor, the extent of which may be difficult to ascertain. Accordingly, Licensor is entitled to injunctive relief as well as all other legal remedies that may be available if you breach this Agreement.
(e) to reiterate, you cannot share any visuals or any other material that are part of the Beta Product at this time. This includes videos, recordings, and pictures.
Updates and Online Server Support. This Agreement applies to Beta Product updates, including all downloadable content for the Beta Product. Licensor may, by automatic update or otherwise, modify the Beta Product at any time for any reason. If the Beta Product uses online servers, Licensor makes no commitment to make those servers available at any or all times.
Termination. Licensor may terminate this Agreement at any time without notice to you. If Licensor terminates this Agreement, you must immediately stop using the Beta Product and destroy all copies of the Beta Product. The following provisions of this Agreement survive termination: confidentiality obligations, license grants, User Material provisions, disclaimer of warranties, damage exclusions and limitations, indemnification, and binding arbitration and class action waiver provisions.
Disclaimer of Warranty. THE BETA PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE.” LICENSOR DOES NOT WARRANT THAT THE BETA PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the Privacy Notice, which also applies to your use of our Services:
We will only use your personal data as set out in our Privacy Notice.
Please see our Privacy Notice here: https://evercoreheroes.com/privacy-policy/.
WE MAY MAKE CHANGES TO THESE TERMS
From time to time, we may update these Terms and/or change the Services for valid business reasons to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. To the extent permitted by law, changes are effective immediately upon posting on our website.
If we make material changes to these Terms, we will notify our registered users by email or through posting a notification when you log into our Services or when you open our mobile application. You can terminate your use at any point if you are not happy with the changes made
Your continued use of any of the Services following the posting of revised Terms means that you accept and agree to the changes, to the extent permitted by applicable laws. You should review the Terms to ensure you are aware of the latest version. These Terms were most recently updated on October 7th, 2022.
By agreeing to these Terms or by using the Services, you agree to receive communications from us, including via e-mail and push notification. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning Vela Games and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
WE MAY CHANGE, SUSPEND OR WITHDRAW OUR SERVICES
Vela Games does not obligate itself to maintain the Services, or to maintain it in its present form. We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Services, in whole or in part, or of any service, content or feature offered through the Services.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights hereunder.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You are solely responsible for the activity that occurs on your account. You must keep your account password secure and not do anything which might endanger the security of your account. You are solely responsible for anything that happens through your account. Vela Games will not be liable for your losses caused by any unauthorised use of your account.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Vela Games.
Vela Games does not recognise the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in the Services, including the virtual goods or currency appearing or originating in the Services and any other attributes associated with your account or stored in the Services. Vela Games does not recognise any virtual property transfers executed outside of the Services or the purported sale, gift or trade in the “real world” of anything related to the Services. Accordingly, you may not sell items for “real” money or otherwise exchange items for value outside of the Services.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
HOW YOU MAY USE MATERIAL ON OUR SERVICES
We are the owner or the licensee of all rights in the Services (including without limitation all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client or server software). Those works are protected by intellectual property rights (including without limitation copyrights and similar rights) around the world. All rights in the Services, including without limitation all intellectual property rights and other proprietary rights, are reserved by Vela Games and its licensors.
You are not permitted to use any Vela Games registered trademarks without our approval.
You must not use the Services including any part of the content on our site or games other than as expressly permitted by these Terms.
You shall not reproduce, duplicate, copy or re-sell any part of our Services including this site in contravention of the provisions of these Terms. If you use our Services or any of the content of this site in breach of these Terms your right to use our Services will cease immediately.
You understand that you have no rights to the Services or any other Vela Games property except as indicated in these Terms. If any use or attempted use by you of any service is in breach of the limited licence granted under these Terms, you may be held personally liable and/or prosecuted for any loss or damage caused to digit or any of its licensors arising from such breach. And your right to use our Services will cease immediately.
You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms may cause Vela Games irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Vela Games may seek an injunction to prevent you from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Vela Games may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Vela Games may be entitled at law or in equity.
By using these Services, you promise, acknowledge, and agree that:
Access privileges may not be transferred to any third parties;
You will not access, store, distribute or transmit any viruses;
You will comply with all applicable laws and regulations with respect to use of the Services;
You will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
You will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
You will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the site or contained in the Services;
You are solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
You will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
DO NOT RELY ON INFORMATION ON THIS SERVICES
The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Services are accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
In some cases, you may need to use services provided by third parties to use our Services, such as creating an account with Discord. If you register for or access the Services through a third-party service (including, but not limited to, Google or Discord) as part of the functionality of the Services, you may link your Vela Games account with your account on such third-party service (“Third-Party Account”) by allowing Vela Games to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your Third-Party Account. You represent that you are entitled to grant Vela Games access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your Third-Party Account and without obligating Vela Games to pay any fees or making Vela Games subject to any usage limitations imposed by such third-party service.
Where our Services otherwise contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the Services, including to feedback boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values.
HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.
If you wish to complain about content uploaded by other users, please contact us on [email protected].
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate. Free speech is a fundamental right, so we must make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content that offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. We do not promise that the Services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services, or any technology that makes it available, are free of viruses or other harmful components, or that the services or items obtained through the Services will otherwise meet your needs or expectations.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. This does not affect any warranties which cannot be excluded or limited under applicable law.
From time to time, we may offer new “alpha”/“beta” features or tools with which our users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Section 14 apply with full force to such features or tools.
No verbal or written representations, information or advice given by Vela Games or its authorised representative shall create a warranty or in any way increase the scope of this warranty.
We only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes.
You are personally responsible for your behaviour while using Vela Games Services and for all content provided via your account, and agree to indemnify and hold Vela Games and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, the content you contribute or link to, or your access to the Services, or your violation of either these Terms or the rights of any third party.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which Our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
UPLOADING CONTENT TO OUR SERVICES
Whenever you make use of a feature that allows you to post, link, or otherwise contribute or upload any material or content to our Services, or to make contact with other users of our Services, (a “Contribution“) you must comply with the content standards set out in the section below on acceptable use. (“Content Standards” and “Acceptable Use“).
You warrant that any such Contribution complies with the Acceptable Use and Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described below in the section on rights you are giving us to use material you upload
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Services if, in our opinion, your post does not comply with the Content Standards set out in the section below on Acceptable Use.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
ACCEPTABLE USE AND CONTENT STANDARDS
You may use our Services only for lawful purposes. You may not use our Services:
in any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of these Terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our Services;
any equipment or network on which our Services are stored;
any software used in the provision of our Services; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive Services on our Services.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The following Content Standards apply to any Contribution made by a user of our Services. Vela Games will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in Ireland and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trademark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Vela Games, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other websites.
When we consider that a breach of these Acceptable Use and Content Standards has occurred, we may take such action as we deem appropriate.
Failure to comply with these Acceptable Use and Content Standards constitutes a material breach of the Terms upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Services.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our Services.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Acceptable Use and Content Standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our Services or provide us with comments on any of our Services, you grant us the following rights to use that content:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our Services and across different media including to promote the Services or the Services for an indefinite term.
a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes or in accordance with the functionality of the Services for an indefinite term.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Vela Games through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Vela Games has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Vela Games a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Vela Games’ business.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is Vela Games’ policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Vela Games by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Contact information for Vela Games’ Copyright Agent for notice of claims of copyright infringement are to be sent through [email protected].
RULES ABOUT LINKING TO OUR SERVICES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Services in any website that is not owned by you.
No part of our Services may be framed on any other website, application or otherwise, nor may you create a link to any part of our Services other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Content Standards.
If you wish to link to or make any use of content on our Services other than that set out above, please contact [email protected].
You acknowledge and agree that the availability of our mobile application is dependent on the third party from whom you received the mobile application licence, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that these Terms are between you and Vela Games and not with the App Store. Vela Games, not the App Store, is solely responsible for the Services, including our mobile application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use our mobile application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including our mobile application. You agree to comply with, and your licence to use our mobile application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including our mobile application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Accessing and Downloading the Mobile App from iTunes.
The following applies to any mobile application, including Vela Games’ mobile application, accessed through or downloaded from the Apple App Store (the “App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and Vela Games only, and not Apple, and (ii) Vela Games, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Vela Games and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Vela Games.
You and Vela Games acknowledge that, as between Vela Games and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Vela Games acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Vela Games and Apple, Vela Games, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Vela Games acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
COMPLAINTS AND ONLINE DISPUTE RESOLUTION
Please contact us if you are experiencing any issues with our Services. We will endeavour to resolve any issues as soon as practicable.
MANDATORY ARBITRATIONApplicability of Arbitration Agreement.
You agree that any dispute, claim or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Vela Games, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Vela Games may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your dispute or claim or request for relief to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that You cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Vela Games will pay them for You. In addition, Vela Games will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totalling less than $10,000 unless the arbitrator determines the claims are frivolous. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and Vela Games. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.
Waiver of Jury Trial. YOU AND VELA GAMES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Vela Games are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of Your decision to opt out to: [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include Your name and address, Your Vela Games username (if any), the email address You used to set up Your Vela Games account (if You have one), and an unequivocal statement that You want to opt out of this Arbitration Agreement. If You opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to You. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that You may currently have, or may enter in the future, with us.
Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Vela Games.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Vela Games makes any future material change to this Arbitration Agreement, You may reject that change within thirty (30) days of such change becoming effective by writing Vela Games at the following address: [email protected].
You can direct any questions concerning these Terms to [email protected].
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