Last updated: May 23, 2018
The following terms of service (the "Terms") constitutes an agreement between you ("user", "you") and Valas Media Oy, having its address at Syvanojantie 221, 31530 Pyoli, Finland, (business ID 2265587-6), email@example.com. ("Valas Media" "we," "our" or "us"). These Terms govern your use of our games provided on a mobile platform (for example, iOS and Android), websites (including www.valasmedia.com) and other related services (collectively the "Service").
Please read these Terms carefully before you start to use the Services. By using the Services (or installing any game or clicking to accept or agree to the Terms when this option is made available to you), you accept and agree to be legally bound by these Terms and our privacy notice, found at https://valasmedia.com/privacy ("Privacy Notice"), which is hereby expressly incorporated herein by reference. If you access the Service from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms.
Subject to the laws of your country of residence, minor children may access and use the Service with the approval of their parent or legal guardian. In your capacity as a parent or legal guardian, in the event that you provide your approval to allow your minor child to use an account on the Service, you hereby agree to these Terms and our Privacy Notice on behalf of yourself and your minor child, and you represent and warrant that you will be responsible for all uses of the Service by your minor child whether or not such uses were authorized by you, including, but not limited to, your minor child’s acceptance of these Terms or any game-specific terms and conditions. For the avoidance of doubt, no person under the age of 13 is eligible to use the Service. By accessing or otherwise using the Service, you represent and warrant that you are i) age 13 or older, ii) eligible to use the Service and iii) you understand and agree to these Terms. In the event that you are of the age of 13 or older but a minor in your country, you represent that your legal guardian has reviewed and agreed to these Terms.
Moreover, to the extent we request your consent for the processing of the personal data you must be at least 16 years old. If you are below 16 years old, you represent and warrant that you have your legal guardian's consent to play the game.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY NOTICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY NOTICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Subject to your agreement and continuing compliance with these Terms and any other relevant Valas Media policies, Valas Media grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your own private and non-commercial purposes. You agree not to use the Service for any other purpose.
Except as specifically allowed pursuant to these Terms, you are not entitled to use, copy, store, modify, transfer, distribute, sell, rent or otherwise make publicly available your account, the Service, a part thereof or the material contained therein in any way. Your use of the Service is subject to these Terms and any reasonable instructions provided by Valas Media from time to time.
Valas Media reserves the right to terminate or restrict your access to the Service or a part thereof permanently or temporarily without prior notice if you violate these Terms or if you abuse the Service. Valas Media is entitled to prevent access to the Service if we have reason to believe that you are engaged in illegal activity or compromise other users' or Valas Media's data security or privacy.
You agree that you shall not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service. You also agree not to attack, induce a disruption on or try to gain unauthorized access to other users accounts or the servers used by the Service.
We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Items (as defined below) associated with that account and no refund will be offered to you in relation to the same.
No devices or connections necessary for the use of the Service are provided subject to these Terms. For the sake of clarity, you are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, stories, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are either owned or licensed by Valas Media. Valas Media reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Notwithstanding any provision to the contrary herein, you acknowledge and agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods appearing or originating in any of Valas Media's games, whether earned in a game or purchased from Valas Media, the game account itself, or any other attributes associated with an account or stored on the Service.
In the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual in-game items" (together "Virtual Items"). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. The purchase of Virtual Items is limited to players who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a parent (or legal guardian) to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children's accounts for unexpected activity, including the purchase of Virtual Items.
We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Valas Media, another user or any third party.
Please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
You agree to pay all fees and applicable taxes incurred by you or anyone using your mobile device. Valas Media may revise the pricing for the goods and services offered through the Service at any time. All claims arising in connection with purchases shall be directly addressed towards the application platform operators (Apple in the case of iOS and Google in the case of Android), and you understand and agree that Valas Media shall not have any obligation and will not refund any purchases on its own.
YOU ACKNOWLEDGE THAT VALAS MEDIA 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.
Valas Media may update its products and subsequently require that you accept updates to the Service and to Valas Media's games you have installed on your devices. You acknowledge and agree that Valas Media may update the Service and games made by us, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our games.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. VALAS MEDIA DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTIONS OR ERROR-FREE. FURTHER, VALAS MEDIA SHALL NOT BE LIABLE FOR THE CONTENT IN THE SERVICE, INCLUDING WITHOUT LIMITATION THE DATA, OR ANY OTHER INFORMATION EXCHANGE MEDIA ON OR CONNECTED WITH THE SERVICE.
Valas Media shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Service. Valas Media is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Valas Media disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Service. Valas Media bears no liability for damages caused by You or by a third party.
Valas Media's maximum liability for direct damages caused to you or your property is at all times limited to the amount paid by you for the use of the Service or part of it during the twelve months immediately preceding the event that gave reasons for the claim. Valas Media is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Valas Media may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the liability of Valas Media shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold Valas Media and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from: (i) your use of the Service or Materials; (ii) any actual or alleged breach by you of these Terms.
Valas Media reserves the right, at any time, to modify, alter, or update the terms and conditions of these Terms without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then current Terms to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgement and acceptance of these Terms and its modifications. If, at any time, you do not wish to accept these Terms, you may not use the Service.
Valas Media 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, Valas Media shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your account at any time and for any reason by contacting us at firstname.lastname@example.org informing us that you wish to terminate your account.
If a dispute arises between you and Valas Media, we strongly encourage you to first contact us directly to seek a resolution by contacting us at email@example.com.
All disputes between you and Valas Media shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Valas Media must be resolved exclusively by a court located in Helsinki, Finland.
If you downloaded the Service from the Apple App Store, you agree to use the Service only on any iOS devices that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
If you downloaded the Service from any app store or distribution platform, including Apple App Store, Google Play or Amazon Appstore, ("Platform"), you acknowledge and agree that: (i) these Terms are concluded between you and Valas Media and not with the Platform. Valas Media is solely responsible for the Services; (ii) the Platform has no obligation to provide maintenance or support services regarding the Service; (iii) in the event of any failure of the Services to conform to any applicable warranty, you may notify the Platform, and the Platform will refund the purchase price for the Service to you (if applicable) and, to the maximum extent permitted by applicable law, the Platform will have no other warranty obligation whatsoever regarding the Services. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Services to conform to any warranty will be the sole responsibility of Valas Media; (iv) the Platform is not responsible for addressing any claims you or any third party may have relating to the Service or your possession or use of the Service, including product liability claims; claims that the Service fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation; (v) the Platform and their subsidiaries are third-party beneficiaries of these Terms as related to your license of the Service, and that, upon your acceptance of these Terms, the Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Service against you as a third-party beneficiary thereof; and (vi) you agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Service nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
Valas Media may assign or delegate these Terms and/or Privacy Notice, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Notice without Valas Media prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Valas Media may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms.
These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including Privacy Notice), set out the entire agreement between you and Valas Media concerning its Services and they replace all earlier agreements and understandings between you and Valas Media.
The failure of Valas Media to exercise or enforce any of its rights under these terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Valas Media.
Valas Media may give notices to users of the Service, at its option, by posting a message on the Service, by email or by any other means by which users may obtain actual knowledge thereof. Notices by users to Valas Media must be given by email. Notices to Valas Media by email should be sent to firstname.lastname@example.org.