(Last Updated: August 9 2022)
Please read these Terms of Service carefully before accessing products and services offered by VeryPlay, the game division of SmartDev LLC (herein collectively referred to as “VeryPlay”, “we”, “our”, “us”) with corporate offices at 6th Floor, Thong Tan Xa Building, 81 Quang Trung Street, Hai Chau, Danang, Vietnam.
VeryPlay offers products and services through www.veryplay.studio, mobile application stores, such as Google Play Store and Apple App Store, and/or other third-party websites and platforms (collectively, the “Services”).
When you use our Services, you agree to be bound by these terms of service. These Terms of Service are a legal agreement between you (“You” or “Your”) and VeryPlay.
By clicking on the “Accept” button or by downloading, accessing or otherwise using our Services, You agree to be bound by these Terms of Service and the terms and conditions incorporated by reference, including all rules, regulations, policies, and guidelines, as may be applicable for the use of the Services (collectively, the “Agreement”). If You do not agree to this Agreement, then You must not access, download or otherwise use the Services.
If You have any questions regarding these Terms of Service, please contact us at firstname.lastname@example.org.
1. USING OUR SERVICES
a. By accessing the Services You represent that You are at least 16 years old. If You are under such age, You may not use the Services.
b. Certain of our Services may require You to set up an account. By setting up an account You agree to provide VeryPlay with correct and complete information about You and to keep that information up-to-date. You are solely responsible for maintaining the confidentiality of Your username and any activities that occur under Your account. VeryPlay reserves the right to terminate Your access to the Services and/or Your VeryPlay account for any reason, including any activity that occurs with respect to Your VeryPlay account that violates these Terms of Service.
c. You may not have more than one account or access the Services through more than one social networking site at any given time.
d. You may not rent, lease, sell, trade, gift, bequeath or otherwise transfer accounts without VeryPlay’s written permission.
e. VeryPlay Services are offered through third-party platforms, such as Apple App store or Google Play, Your payments, billing and cancellations will be governed by the terms and conditions of these third-party platforms. VeryPlay is not responsible for the billing, cancellations, or refunds relating to such third-party platforms and You must contact the applicable third-party platforms for such inquiries.
f. From time to time, we may offer limited-time promotions. Please review the official rules or associated with any promotion. They will apply in addition to these Terms.
2. VIRTUAL ITEMS
a. Certain of our Services may provide You the opportunity to license virtual items, such as virtual goods or other virtual currency (collectively, “Virtual Items”) that can be used within the Services. You may be required to pay a fee to obtain Virtual Items (“Fees”).
b. You have no property interest in any Virtual Items. With regard to any Virtual Items purchased or accumulated, You are only provided a limited, non-transferable, revocable license to use those Virtual Items within the applicable Service. Virtual Items may not be transferred or resold for commercial gain in any manner, including, without limitation, through any direct sale or auction service. Virtual Items may not be repurchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Service. Virtual Items cannot be refunded or exchanged for cash or any other tangible item.
c. VeryPlay may manage, regulate, control, modify or eliminate Your Virtual Items at our sole discretion, and VeryPlay will have no liability to You or anyone for exercising that discretion.
d. All Virtual Items are unconditionally forfeited if Your account is terminated or suspended for any reason, at our sole discretion, or if VeryPlay discontinues the applicable Service or any portion or feature relating to Virtual Items.
e. VeryPlay has no liability for hacking or loss of Your Virtual Items. VeryPlay has no obligation to You, and will not reimburse You, for any Virtual Items lost due to Your violation of these Terms of Service.
3. MODIFYING SERVICES AND FEES
a. VeryPlay may revise the terms of this Agreement, including but not limited to applicable Fees or content and nature of the Services, upon notice to You of any revisions. If VeryPlay modifies this Agreement, You may terminate Your use of the Services.
b. VeryPlay may also terminate this Agreement and the Services at any time upon notice to You.
c. VeryPlay may provide notice by publishing the changes on our website www.veryplay.studio or the Service itself. You acknowledge and agree that either notice constitutes sufficient notice.
d. If You fail to comply with any of the terms of this Agreement, this Agreement will automatically and immediately terminate without a requirement for VeryPlay to provide You with notice to effectuate this termination.
e. Once termination has occurred under this Agreement by either You or VeryPlay , You shall immediately discontinue use of the Services.
f. VeryPlay reserves the right to adjust the Fees or any components thereof, in any manner and at any time as we may determine at our sole and absolute discretion.
g. You agree to pay all Fees and applicable taxes incurred by You or anyone using an account registered to You. VeryPlay may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT VERYPLAY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. LICENSE GRANT AND RESTRICTIONS
a. VeryPlay grants You a non-exclusive, limited, revocable, non-transferable license to use the Services and any related documentation (“Documentation”) for Your personal and non-commercial use.
b. You may not: (i) permit other individuals to use the Services except to the extent permitted under the terms of the Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble or create derivative works or bogus high scores based upon the Services or Documentation; (iii) copy the Services or Documentation (except for back-up or archival purposes); (iv) rent, lease, or otherwise transfer rights to the Services or Documentation; (v) abuse the payment method so that You do not complete payment or recall payment for the Services or any game(s) You have downloaded, regardless of whether or not You have accessed the Services or played said game(s); or (vi) remove any proprietary notices or labels on the Services or Documentation.
c. You agree that You shall only use the Services and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You use the Services and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
d. You may only use the Services for Your private and non-commercial use. You may not use the Services in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to, game executables, associated game files, or other game-related information which are downloaded, copied, or played using the Services, and which are protected by the copyright laws or related laws, are for Your own personal use only and may not be distributed to third parties.
e. You may not use the Services in, or in conjunction with, any device, program, service, or attempt to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws.
f. This Agreement does not grant You any right to any enhancement or update that may be available for any of the Services.
g. VeryPlay and/or its suppliers shall retain all right, title and interest in and to the Services and including the website www.veryplay.studio (“Website”), downloadable games, and Documentation. The Website is protected by applicable copyright laws. The title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable copyright or other law. This license gives You no rights to such content.
a. You agree not to engage in any activity that in any way disrupts, limits or destroys any events, tournaments, software, hardware, servers, networks, or other equipment.
b. You agree not to use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information or signing up for accounts. You agree not to engage in or facilitate the transmission of unsolicited mass mailing or “spamming.”
c. You agree not to collect personal data about others for unlawful or commercial purposes.
d. By submitting any content to VeryPlay, You grant, or warrant, that all owners of any such content have expressly granted to VeryPlay and its affiliates a fully paid, royalty-free, non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and license to use, reproduce, modify, publicly display and perform, and distribute all such content and/or to incorporate such materials in other works in any form, media, technology now known or later developed, including (i) to make or have made derivative works of any user content, (ii) to use the name and likeness of any person mentioned or included in such user content in connection with any use of the user content and any derivative works, and (iii) to license and sublicense to third parties, sell, rent, lease, or lend user content and any derivative works; all without expectation of compensation, other than the right to access and use the Services in accordance with the terms of this Agreement.
e. VeryPlay and its affiliates shall have the right, but not the responsibility, to monitor or remove user content that VeryPlay believes to be harmful, offensive, or otherwise in violation of the Agreement, without liability to You.
6. YOUR DEALING WITH OTHER PLAYERS
a. You are responsible for Your interactions with other players. If You have a problem with another player, we are not required to get involved, but we can if we desire.
b. If You have a dispute with another player, You release VeryPlay, the VeryPlay corporate family, and all VeryPlay affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data.
c. As part of the Services, we may offer You the opportunity to play with other matched opponents. To ensure that You always have available opponents at the right skill level, some of these matched opponents may be auto-generated players that play like real people.
7. PRE-RELEASED VERSIONS
a. If the Services or any games provided through the Services are a beta, alpha or other pre-release version (collectively, “Pre-release Software”), the terms of this Section shall apply.
b. The Pre-release Software You are receiving may contain more or fewer features than the commercial release of the Services that VeryPlay intends to distribute. While VeryPlay intends to distribute a commercial version of the Pre-release Software, VeryPlay reserves the right at any time not to release a commercial release or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.
c. You agree that the Pre-release Software is not suitable for production use and may contain errors affecting its proper operation.
8. DISCLAIMER AND LIMITATION OF LIABILITY
a. VeryPlay, the VeryPlay corporate family, and all VeryPlay affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
b. USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VERYPLAY, THE VERYPLAY CORPORATE FAMILY, AND THE VERYPLAY AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. VERYPLAY, THE VERYPLAY CORPORATE FAMILY, AND THE VERYPLAY AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
If Your state or country does not allow these disclaimers, they do not apply to You. If Your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from Your first use of the Services or the shortest period required by law.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERYPLAY, ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERYPLAY ’S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED THE FEES YOU HAVE PAID FOR THE SERVICES.
a. Our Services are intended for use only with properly licensed media, content, and content creation tools.
b. You agree to download, install, and play only those materials for which You have the necessary patent, copyright, and other permissions, licenses, and/or clearances.
c. You agree to hold harmless, indemnify and defend VeryPlay, its parent company, subsidiaries, affiliates, their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of, or relating to any violations of the terms of this Agreement.
10. THIRD PARTY AVDERTISING
a. Sometimes we provide links in our games or on the Services to other third-party companies’ websites or to companies who invite You to participate in a promotional offer. Any charge or obligation You take on in dealing with these other companies is Your responsibility.
b. We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information You obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
c. Please also note that the linked third-party sites are not under our control and may collect data or ask You to provide them with personal or other information, or they may automatically collect information from You. When You use these third-party sites and services, the third-party company may (or may not) ask You for permission to access Your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from You.
11. SUSPENSION AND TERMINATION OF SERVICES
a. WITHOUT LIMITING ANY OTHER REMEDIES, VERYPLAY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR VERYPLAY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND VERYPLAY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
b. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OUR TERMS AND POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
c. VERYPLAY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
d. VeryPlay reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point Your license to use the Service or a part thereof will be automatically terminated. In such event, VeryPlay shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of Your Account can include disabling Your access to the Service or any part thereof.
e. You may terminate Your account at any time and for any reason by contacting us at email@example.com or writing to us at VeryPlay c/o SmartDev LLC, 6th Floor, Thong Tan Xa Building, 81 Quang Trung Street, Hai Chau, Danang, Vietnam and informing VeryPlay that You wish to terminate Your Account.
12. DISPUTE RESOLUTION
a. If a dispute arises between You and VeryPlay , we strongly encourage You to first contact us directly to seek a resolution by email us at firstname.lastname@example.org or writing to us at VeryPlay c/o SmartDev LLC, 6th Floor, Thong Tan Xa Building, 81 Quang Trung Street, Hai Chau, Danang, Vietnam. You agree that all disputes between You and VeryPlay shall be governed by the laws of Vietnam, without regard to conflict of law provisions. You agree that any claim or dispute You may have against VeryPlay must be resolved exclusively by a court located in Da Nang, Vietnam.
14. GENERAL PROVISIONS
b. SUPPLEMENTAL POLICIES: VeryPlay may publish additional policies related to specific services such as forums, contests or competitions. Your right to use such services is subject to those specific policies and these Terms of Service.
f. EQUITABLE REMEDIES: You acknowledge that the rights granted and obligations made under these Terms of Service to VeryPlay are of a unique and irreplaceable nature, the loss of which shall irreparably harm VeryPlay and which cannot be replaced by monetary damages alone so that VeryPlay shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any VeryPlay game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and You agree to limit Your claims to claims for monetary damages, limited by Section 8 (if any).
g. FORCE MAJEURE: VeryPlay shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of VeryPlay, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond VeryPlay control such as acts of God, war, terrorism, pandemic, epidemic, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.