These terms and conditions (hereinafter referred to as “Terms”) lays down the rules and preconditions associated with the use of our Games (hereinafter “Services”). It is in your best interest to read them carefully prior to proceeding with the use of our Services.
- Definitions:
1.1 Company (Virtua Pirates): “Virtua Pirates Private Limited”, a legal entity incorporated in India under the Companies Act, 2013, having its registered office at “Plot No. – F8, Sagar Presidency, Flat No. – 722, Sector-50, Noida, Uttar Pradesh 201301, India”;
1.2 You (User): Any individual who is utilizing any functional feature(s) pertaining to our Services and has reached the age of full legal capacity in accordance with the legislative laws pertaining to the citizenship of their country;
1.3 Services: The games created by the Company to serve the entertainment purposes of the Users; and
1.4 Agreement: An agreement that highlights the Terms associated with the use of our Services.
1.5 Website: Website with the domain name “www.virtuapirates.com”.
- Acceptance of Agreement:
2.1 Acceptance of this Agreement creates a binding agreement between you and the Company that regulates the use of our Services.
2.2 By making use of our Services through the app platforms where our Services are deployed, or our Website, you accept these Terms and our Privacy Policy. Your relationship with the Company is bound by these Terms and the Privacy Policy.
2.3 By making use of our Services, you are also bound by the terms and conditions laid forth by the third party service providers associated with the deployment of and experience shaped within our Services:
- Google Play Services: https://policies.google.com/terms;
- Unity Engine: https://unity3d.com/legal/terms-of-service;
- Admob: https://developers.google.com/admob/terms;
2.4 You represent that you have reached the age of full legal capacity in accordance with the legislative laws pertaining to the citizenship of their country. If you do not meet the mandated age requirement, you may engage with our Services only if you have been granted a proper consent by a parent(s) or legal guardian who is thereby subject to these Terms. We may require adequate evidence of such consent at any time.
2.5 The Company reserves the right to amend the Terms in this Agreement and Privacy Policy from time to time. The Company also reserves the right to impose new terms and conditions on your usage of our Services. The users must visit our website and take a note of such amendments from time to time. By using our Services, such amendments and inclusion of new terms shall be deemed accepted by you.
2.6 If you have any query with regards to the Terms mentioned in this Agreement, you can reach out to us via the following Email ID: info@virtuapirates.com.
2.7 If at any point, you do not choose to accept the Terms and changes amended from time to time, we may terminate this Agreement with you in accordance with Clause 7. Termination and Cancellation.
3. Ownership and Licensing:
3.1 The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use our Services and to download and install client mobile game applications from different app platforms for this purpose, for your non-commercial entertainment use only, provided that you are in compliance with these Terms.
3.2 Your license does not confer any title or ownership of our Services. They have been made available for your non-commercial entertainment purposes only.
3.3 The license pertaining to your access of our Services is subject to your prior acceptance of these Terms and your compliance with Clause 6. Acceptable and Fair Use Policy.
3.4 No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, publicly perform or display, transmit or otherwise communicate, adapt, publish our Games in any manner. Any attempt to do so is a violation of the Company’s intellectual property and other rights belonging to the Company. You may not use our trademarks pertaining to our Services for any commercial or non-commercial purposes and the same shall apply to the IP pertaining to the Company’s game content, which includes, without limitations, the artwork, music, sound effects, particle effects, code scripts, or User-generated content, without our prior written consent. The foregoing grant of license shall be automatically revoked if the Company discovers any breach with regards to the aforementioned Terms. Furthermore, the Company can also choose to initiate legal actions corresponding to the breach if the Company deems it fit to do so.
3.5 You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of Games, modify, or create derivative works based on our Games, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law).
3.6 Except for use of our Services as permitted herein, any other use of our Services, or any respective parts is strictly prohibited and infringes our intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages.
3.7 You may not copy or download any content of our Services, unless we expressly authorized you to do so. You may not remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Services.
3.8 You are permitted to contribute user-generated content, which includes, without limitations, any visuals, music, sound effects, particle effects, artwork and texts, and in exchange, when you contribute such material to us, you expressly grant to the Company, a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, use, reproduce, modify, transmit or by other ways communicate, create derivative works of, print, sublicense, publicly display and perform such content, or any portion thereof, in any manner, on any medium, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable the Company to use the content for such purposes.
4. Engagement with our Services:
4.1 You can find information about our Services, their features, gameplay, functions and system requirements on our website and on app platforms where our application has been deployed.
4.2 Since accessing and engaging with our services require seamless internet connectivity at all times, you hereby expressly consent and acknowledge your responsibility for any internet connection fees that may accrue as you access our Services.
4.3 All transactions pertaining to in-app purchases will be facilitated through the app platforms’ dedicated payment portals. To gain insight on the transaction fees, you can refer to the app platform rules pertaining to transaction fees that may be applicable on your in-app purchases.
4.4 We strive to improve your usage experience and may incorporate new or remove existing features and content in our Services from time to time, but we will only do so whilst prioritizing the User interest. For reasons that include, without limitation, system security, stability, performance optimization, etc., we may need to update, create new versions of or otherwise enhance our Services and accordingly, the system requirements to participate in Games may change over time. By accessing and engaging with our Services, you hereby express your consent to us to incorporate such updates automatically.
4.5 You understand that the Company’s experimentation with incorporating new features or revoking existing features might not translate to enhanced performance across all devices and may not be consistent across all platforms and that the performance of our Games may vary, depending on your computer and other equipment.
4.6 If your Game is connected to your User account on any application platform and you lose access or experience any other issues with your user account on that platform, please contact the customer support of the respective platform. We cannot change your platform user account connected to the Game.
4.7 Maintenance may affect the availability of our Services, and will only happen in due consideration of User interests. Downtimes may also be caused by technical problems beyond our control.
4.8 Our Games are free to play, but you may purchase virtual item packs and virtual currency in our Games using real money to enhance your gameplay experience or simply for aesthetic features or trying out premium upgrades. We refrain from the Pay-to-Win philosophy, and as such, we try, to the best extent permissible, to avoid incorporating features and mechanics that boost your success rate in our Games.
4.9 Depending on the app platform utilized for accessing and engaging with our Services, the means of payment will be influenced by that app platform’s payment portal. Notwithstanding the provisions mentioned in Clause 5. Withdrawal Rights, Virtual Items cannot be exchanged for real money or refunded. You understand that you do not own Virtual Items, but acquire a limited license to use Virtual Items according to the specific Game’s gameplay; therefore, the right to use any Virtual Item is conditional to these Terms. No entitlement exists to use Virtual Items for a minimum period of time, unless the description of Virtual Item specifies a particular minimum period of time.
4.10 You agree that the Company reserves the right to manage, regulate, control, modify and/or eliminate game elements, which may, among other things, may influence the parameters associated with the Virtual Items considerably or substantially. Such parameters may include performance increments or decrements associated with such Virtual Items, random number generators associated with their density on in-Game maps, etc. If the Company intends to, the Company may get rid of the Virtual Items entirely and the Company shall not be obligated to make the refund if any in-app purchases associated with such Virtual Items have been registered. However, in a case like that, the Company shall, to the best extent permissible, try to compensate by rewarding its users with adequate compensation to recuperate the loss. The Company also assures that inclusion and exclusion of such adjustments shall be undertaken solely for the upliftment of User engagement experience with our Services. All Virtual Items shall remain Company’s intellectual property.
4.11 You also acknowledge that our Games may contain information about other products, including our products, services, updates or special offers.
4.12 We utilize different third party ad service providers (such as Google Admob) to ensure that our Games remain Free-to-Play for the Users. However, we don’t exercise any control on the nature of ads being served on our game apps since it falls under the scope of policies pertaining to the third party service providers. However, you can choose to opt for the “No-Ads” pack (part of in-app purchases) in our Games and remove ads that abruptly influence your gameplay. However, you may still be able to view ads that are associated with rewarding special Virtual Items (also called “Rewarded Video Ads”).
5. Withdrawal Rights:
5.1 You do not have a right to withdraw from a transaction pertaining to an in-app purchase made within our Services or obtain a refund once the delivery of Virtual Item(s) or Virtual Currency starts reflecting in your user account. This event represents that your transaction is irrevocable. You hereby acknowledge and agree that the delivery of Virtual Item(s) and/or Virtual Currency is finalized at the instant such Virtual Item(s) and/or Virtual Currency starts reflecting in your user account, or is otherwise made accessible to you for download or use.
5.2 Notwithstanding the provision mentioned in “Clause 5 Sub-Clause 5.1”, certain app platforms provide the option to seek a refund pertaining to in-app purchases without stating any reason. The provisions pertaining to such refunds may be published on the respective app platform’s “Terms of Use”. If you apply for refund on the app platform and receive a refund for the same, the Company reserves the right to:
a) withdraw from your user account, the Virtual Currency, purchased using the amount that was refunded to you. If your monies were used to purchase Virtual Item packs, then the Virtual Items associated with such packs shall be withdrawn; or
b) suspend your user account, reset your game data, restrict your access to certain game functionalities or the entire game itself in case such refunds happen regularly for fraudulent purposes or to access multiple Virtual Items that are accessible on purchase of premium packs. We may inform you about the withdrawal of such Virtual Items.
6. Acceptable and Fair Use Policy:
6.1 Policy pertaining to Gameplay: You agree that your use of the Services should be lawful and that you will comply with the usage rules. In furtherance of the foregoing, you agree not to use our Services in order to:
a) post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
b) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, or ethnically, or in a reasonable person’s view, otherwise questionable or offensive;
c) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers;
d) violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
e) attempt to obtain passwords or other private information from others;
f) improperly use User Support platforms to make false reports to the Company;
g) develop, distribute, or publicly inform other users of “cheat utility” software programs, “auto” software programs, and “security breaching” programs or applications;
h) exploit, distribute or publicly inform others about any Game error, miscue or bug which gives an unintended advantage;
i) use the Services or any part thereof for performing in-Game services, such as giving away Virtual Item(s) or Virtual Currency in exchange of monetary or non-monetary consideration;
j) publicly advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to your User account to any third party for any consideration unless the Company has authorized the same;
k) exercise any fraudulent/illegal activity that could lead to false payment in the Services, such as getting Virtual Item(s) or Virtual Currency without actual payments;
l) transmit, make available or otherwise promote or support cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with, change or limit the functionality of the Games or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of our Games;
m) exercise any fraudulent/illegal activity that may lead to change of features and parameters associated with our Services or any parts thereof, including recovery of used advantages and/or getting additional advantages, including advantages which can be received without payments;
n) violate any provisions of the Game Rules (if any);
o) violate any applicable laws or regulations or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software or cheats or hacks for the Games.
p) If you notice any suspicious misconduct or misuse of the Services, we encourage you to report it by sending us an email to info@virtuapirtes.com.
6.2 Game Rules and Penalties: In-Game rules, policies and restrictions (if any) (“Game Rules”) constitute an integral part of these Terms. You agree that your use of the Services should be in compliance with the Game Rules. You hereby agree that Game Rules violations may cause the Company to impose penalties upon you, including but not limited to:
a) in-Game penalties involving no suspension (For instance, withdrawal of Virtual Items);
b) temporary and/or permanent in-Game suspensions (For e.g., suspension of particular in-Game functionality). You hereby acknowledge that such suspensions do not constitute suspension of your User account or Game access and do not affect your Game experience;
c) User account/Game access suspension; and
d) Game access suspension for a particular User device.
e) In accordance with the severity, nature and frequency of Game Rules violations, the Company may choose to impose one or more penalties upon the Users. The severity associated with the violation shall be determined by the Company. Violations of the Game Rules shall be construed as material breach of these Terms.
6.3 User-Generated Content Policy: You are not allowed to submit User-Generated Content that is:
a) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law;
b) fraudulent or misrepresentative;
c) protected by any applicable copyright laws, trade secrets or that otherwise infringe the privacy rights, property rights, or any other rights of any person;
d) an advertisement or solicitation of business, funds, products or services; or
e) impersonating another person or invading the privacy of any third party.
We reserve the right (but shall have no obligation) to decide whether any User-Generated Content that you use complies with these Terms and we may in our sole discretion remove such content, suspend and/or terminate the Agreement with the User in question. The Company is neither obliged nor able to pre-moderate User-Generated Content and does not guarantee the accuracy, quality, or integrity of any content communicated via the Services. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
6.4 Policies in the direction of Health cause:
a) Certain people may experience a seizure while watching certain monitor images, including flashing lights or patterns that may appear while playing video/online games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause photosensitive epileptic seizures while playing video games. These seizures may have a variety of symptoms, including lightheadedness, dizziness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness, loss of consciousness, involuntary movement or convulsion. Please IMMEDIATELY stop playing and consult a doctor, if you experience any of these symptoms.
b) There might be instances where a portion of game content, including but not limited to visuals, player dialogues, audio, and particle system effects might seem disturbing for certain users. While we deeply regret any such inconveniences caused to you, we are not obliged to alter the same if such game elements deteriorate the gaming experience for the majority of users. If you have any query with regards to any of the game elements utilized in our game, please feel free to connect with us at “info@virtuapirates.com”.
c) When playing video/online games, you should take certain standard health and safety precautions, including avoiding playing when tired and drowsy, taking 10 to 15 minute breaks every hour, and sitting at a reasonable distance from the screen in a well-lit environment.
7. Termination and Cancellation:
7.1 The Agreement between the Company and User runs for an indefinite term. Either party may terminate the Agreement at any time by giving two-weeks’ notice (this requires written or electronic mail communication). You may also terminate the Agreement with us with immediate effect by deleting our games from all of your devices.
7.2 Either party may terminate the Agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms. If the User fails or the Company has strong grounds to believe that he/she has failed to comply with any of the provisions of these Terms, the Company without notice may:
a) terminate the Agreement with the User and delete his/her user account and the User shall remain liable for all amounts due under his/her account up to and including the date of termination;
b) prevent the User’s further access to the Services (or any part thereof);
c) temporarily suspend the User account/Game access and/or Game support services until the breach is cured.
7.3 The Company reserves the right to modify, suspend, or discontinue our Services (or any part thereof) at any time and we shall not be liable to any User or any third party should we exercise such rights.
8. Limited Liability Provision:
8.1 While the Company strives to create a healthy gaming environment wherein the users can engage with our Services seamlessly, we cannot assume any warranties or make any promises with respect to our Services. We do not warrant, claim, or represent and expressly disclaim all such warranties of any kind, whether express, implied or statutory, with respect to our Services, including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability etc.
8.2 We further do not claim or represent that the Services will always be available, accessible, uninterrupted, secure, accurate or will operate without packet loss. If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of its obligations towards you under these Terms.
8.3 You hereby acknowledge and agree that our Games may not be complete, accurate or perfect even after testing and might possess glitches, bugs, and certain errors. You agree to indemnify the Company, its subsidiaries, directors, officers, agents, contractors, shareholders and employees, for all liability, cost or expense, attorney fees, or any other claim arising from problems with the use of our Services, whether developed by the Company or by any third party on Company’s behalf,
8.4 We assume no liability or responsibility for the following causes:
a) any interruption or cessation of transmission to or from the Services;
b) any bugs, viruses, trojan horses or any other similar software which may be transmitted to or through the Services by any third party; and
c) 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 Service.
8.5 In no event shall the Company, its subsidiaries, directors, officers, agents, contractors, shareholders and employees, be liable to you or any third party for any special, direct, indirect, incidental, punitive or consequential damages whatsoever, including any loss in data arising from your use of our Services or materials, accessed through or downloaded from the Services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
8.6 You agree that the Company shall not be liable with respect to any User-generated content or any defamatory, offensive or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely on you.
8.7 The Company shall also assume no liability towards damages arising through the User’s intentional fault or gross negligence. These Terms do not exclude or limit liability for impairment of health or deprivation of life or non-pecuniary damage caused to the User by engaging with our Services.
8.8 You agree to indemnify and hold the Company, its subsidiaries, directors, officers, contractors, shareholders and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising from or in connection with:
a) your use of and access to the Services with violations of any of these Terms;
b) your infringement of any third party right, including without limitation any copyright, property or privacy right; or
c) any User-generated content you communicate through the Service.
9. Governing Laws:
9.1 Relevant Indian Laws govern these Terms and all relations between the User and the Company arising thereof, without regard to principles of conflict of laws.
9.2 If, at the time when the agreement between the Company and the User is concluded, the latter’s permanent or usual domicile is situated in another country, the validity of mandatory rules of the country in question shall be in force.
9.3 In an effort to ensure a hassle-free resolution and eliminate any undesirable costs pertaining to any dispute, controversy or claim related to, or arising out of, these Terms or any policy, document or agreement incorporated herein (hereinafter referred to as “Dispute”), you and the Company agree to first attempt to negotiate any dispute, controversy, or claim, whether based on contract, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis, that arises out of or relates to the Dispute informally at least thirty (30) calendar days prior to initiating any arbitration, online dispute resolution or court proceeding.
9.4 Negotiations will begin upon receipt of written notice sent by the party bringing the Dispute. The Company will send its notice to your billing address and/or forward a copy to the email address you have provided to us (if any). You may send a written notice to our registered address: Plot No. – F8, Sagar Presidency, Flat No. – 722, Sector-50, Noida, Uttar Pradesh 201301, India”. The said address shall alter from time to time, and the same shall be updated on our Website. Users are requested to update themselves with the corresponding change in this information.
9.5 If a Dispute cannot be resolved through negotiations, you agree that any and all Disputes arising out of or in any way related to the Games or Services shall be resolved in the appropriate courts situated in the jurisdiction where the Company is domiciled, unless other applicable legislation states otherwise.
9.6 You and the Company agree that if any part or parts contained within this Clause 9 is found illegal or unenforceable, then such part(s) shall be severed and the remainder of this Section 9 shall be given full force and effect. Any Dispute subject to any such part(s) of this Section 9 shall be decided by the court.
10. General Terms:
10.1 These Terms, along with our Privacy Policy constitute the entire agreement between you and the Company with respect to your use of the Service.
10.2 You shall not assign or transfer these Terms or any rights or obligations contained herein. The Company may, without prior notice, assign these Terms or any rights or obligations contained herein to any third party.
10.3 If any provision contained within these Terms is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.
10.4 The Company’s failure to exercise, or delay in exercising, a legal right or remedy provided by these Terms, or by applicable law, shall not constitute a waiver of GI’s right or remedy.
You expressly acknowledge and agree that you have read these Terms and understand all rights, obligations, terms and conditions set forth by this Agreement.
By accessing, downloading, or continuing to use our Services, you expressly consent to be bound by these Terms and grant the Company the aforementioned rights set forth by this Agreement.