Terms of Use
These Terms of Use (the “Terms”) are the legal agreement between you (the “User” or “you”) and Niv Azran (operating under the trade name Vygar.gamess) (“vygar.gamess”, “us”, “we”, “our”, or the “Company”) for your use of our mobile applications (the “Games”) and any related services and content (together the “Services”).
BY ACCESSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND OUR GAMES PRIVACY POLICY (available at: https://sites.google.com/view/vygargamess/privacy-policy). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER WHATSOEVER.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS.
ELIGIBILITY. The Services are available only to individuals who (a) are at least thirteen (13) years old; and (b) have the legal authority to enter into these Terms and to form a binding agreement under applicable law.
SERVICES AND CONTENT. The Services may provide you with information about Vygar.gamess, our services, and other content (including data, materials, contact information, designs, and graphical user interfaces, collectively “Content”). The Services may also allow you to contact us via a contact form (the “Contact Form”).
OWNERSHIP & WARRANTY DISCLAIMERS.
To the extent legally permissible, all rights in and to the Content and the Services are owned by Vygar.gamess or its licensors and are provided “as is.” Vygar.gamess disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Your use of the Services is at your own risk.
CONTACT FORM. To contact us via the Services, you must complete the Contact Form, which requires your full name, e-mail address, country, and company name.
RESTRICTIONS ON USE. Unless explicitly permitted by these Terms or in writing by Vygar.gamess, you may not:
Use the Services or Content for unlawful, unauthorized, or commercial purposes.
Remove or alter any proprietary notices (©, ™, ®).
Harvest or collect personal information about other Users without consent.
Interfere with or disrupt the operation of the Services or any networks hosting the Services.
Misrepresent your affiliation with any person or entity.
Impose an unreasonable load on our infrastructure.
Bypass any access restrictions or security measures.
Copy, modify, reverse engineer, decompile, or disassemble any Content.
Frame or mirror any part of the Services without prior written authorization.
Systematically download or store any Content to create a database.
Transmit harmful code (viruses, worms, Trojans, etc.).
Use the Services for any purpose for which they are not intended.
INTELLECTUAL PROPERTY. All intellectual property rights in the Services and Content remain with Vygar.gamess, its affiliates, or licensors. No license or right is granted except the limited, revocable right to use the Services in compliance with these Terms.
TRADEMARKS. “Vygar.gamess” and our logos are trademarks of Vygar.gamess. All other trademarks appearing on the Services belong to their respective owners.
CHANGES TO TERMS OR SERVICES. Vygar.gamess may modify these Terms or the Services at any time, without prior notice. Material changes will be posted on the Services or communicated by e-mail if you provided one. Your continued use after changes indicates acceptance. If you disagree with any change, you must cease using the Services.
MINORS. Users under 13 are prohibited. We may request proof of age and will block access and delete data if a minor is discovered.
VIRTUAL GOODS.
Virtual currencies, goods, or services offered in our Games are licensed, not sold, and non-transferable.
Virtual Goods have no cash value and are non-refundable.
Purchases on third-party platforms are also governed by that platform’s terms.
SUBSCRIPTIONS.
If we offer advance recurring payment subscriptions:
Scope: Subscriptions are non-transferable and accessed only via the account used to purchase.
Periods: May include a free trial; paid periods renew automatically unless canceled.
Payment: Charged by the platform per its payment terms. Fees are non-refundable.
Cancellation: You may cancel at any time via your account settings; cancellation takes effect at the period’s end.
LIMITATION OF LIABILITY. Vygar.gamess and its affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages. Our total liability for any claim shall not exceed one U.S. dollar (US$1.00), to the fullest extent permitted by law. Some jurisdictions prohibit certain exclusions.
INDEMNITY. You agree to indemnify and hold harmless Vygar.gamess, its officers, directors, and employees from all claims, damages, and expenses arising from your use of the Services or violation of these Terms.
LINKS TO THIRD PARTY SITES. The Services may link to third-party sites not controlled by Vygar.gamess. We are not responsible for their content or practices. Your use of such sites is at your own risk.
TERMINATION. Vygar.gamess may suspend or terminate your access to the Services at any time, without notice, for any reason.
MISCELLANEOUS.
If any provision is unenforceable, it shall be reformed to the minimum extent necessary.
These Terms do not create any partnership or agency relationship.
No waiver of any breach shall be deemed a waiver of any subsequent breach.
All correspondence and terms are in English.
You may not assign these Terms without prior written consent; Vygar.gamess may assign freely.
GOVERNING LAW & JURISDICTION. These Terms are governed by the laws of Israel, excluding conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are excluded.
BINDING ARBITRATION & CLASS ACTION WAIVER. Any dispute shall be resolved by final arbitration under the ICC Rules by a single arbitrator in Tel Aviv, Israel, in English. You and Vygar.gamess each waive the right to participate in class actions.
CALIFORNIA NOTICE. Under California Civil Code Section 1789.3, California users have certain rights; see the California Department of Consumer Affairs Complaint Assistance Unit at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or (800) 952-5210.
CONTACT US. If you have questions or complaints, email us at vygar.gamess@gmail.com.
Terms of Use available at:
https://sites.google.com/view/vygargamess/terms-of-use