Terms of Service
V-Play GmbH (“V-Play”, “we” or “us”) offers a variety of products and services. Except to the extent you and V-Play have executed a separate agreement, these terms and conditions (“Agreement”) exclusively govern your access to and use of the websites v-play.net, v-play.com & their subdomains (“Site”) and from services & products available through the Site, referred to as “Service” (or “Services”), and constitute a binding legal agreement between you and V-Play (the “Terms”).
If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (“Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Eligibility & Your Responsibilities
You represent and warrant that
- You are of minimum age to use the Service: Except as expressly provided otherwise on the Site, the Services are intended for persons thirteen (13) and older, for users in the European Union, sixteen (16) and older or the lower age that your country has provided for you to consent to the processing of your personal data, However, you must be at least 18 to make purchases.
- You have the legal capacity to agree to the Agreement.
- You will comply with all applicable laws and regulations in connection with your use of the Services, and in accordance with the terms and conditions specified in the Agreement.
Your V-Play Account
Account Creation & Updating Information
You are responsible for maintaining the security of your V-Play Account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You must immediately notify V-Play of any unauthorized uses of your account or any other breaches of security. V-Play will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You always have the option to refrain from using the Service or to discontinue using the Service if you do not want information collected about you. For that, open your profile page and submit an “Account Deletion Request” or contact us at email@example.com. Deleting your V-Play Account does not relieve you of the obligation to pay any remaining amounts owed for your subscriptions and does not grant any refunds of the remaining subscription period.
V-Play will have the right in its sole discretion, and without prior notice to you, to suspend or disable your V-Play Account or terminate the Agreement and/or your right or ability to access or use any of the Services if:
- You breach this Agreement
- Your use of the Services poses a security risk to, or otherwise adversely impacts, the Services or any third party
- Your use of the Services may be fraudulent
- Your use of the Services subjects V-Play, our affiliates or any third party to liability
- You have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
In the event of any suspension, disablement or termination, you acknowledge that:
- V-Play will have no further obligation to provide the Services to you
- All rights granted to you under the Agreement will immediately cease
- You may no longer access any of your or other content that was previously submitted via any of the Services or that was related to your V-Play Account, and V-Play will have no obligation to maintain or forward you Your Content
- You will remain liable for all fees and charges for all Services ordered. If V-Play suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to V-Play (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination.
Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a regular basis, unless you renew the subscription for a new subscription plan or terminate and cancel it as described on the Site.
Additional terms may come into effect if you purchase any of V-Play’s paid services or products. If there is any conflict between these Terms and the Additional Terms, the Additional Terms govern in relation to the relevant Software, Service or Site.
The Site offers products and services for sale. Unless stated otherwise, the Site does not handle payments for these products directly, but rather refers these payments to a third-party payment provider, Bright Market, LLC d/b/a FastSpring, 801 Garden Street, Santa Barbara, CA 93101, USA, which handles all aspects of the payment process.
Entered credit card numbers, security codes or other payment-relevant information for transactions processed by our payment provider are never visible to or transferred to V-Play.
Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Intellectual Property Rights
The Site, Software, Services, Communities and all of its content are protected by copyright, trademark, and other laws. Except as expressly provided in the Agreement, V-Play and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names and any other proprietary designations of V-Play used herein are trademarks or registered trademarks of V-Play. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Disclaimer & Limitation of Liability
You understand that all Services provided by V-Play (including paid services) are supplied “AS IS” and without any warranty, whether expressed or implied, as to their performance, accuracy, completeness, or non-infringement. To the extent that V-Play makes available any products or information, You understand that V-Play is under no obligation to provide updates, enhancements, or corrections, or to notify You of any product changes that V-Play may make, or to publicly announce or introduce the products at any time in the future.
Under no circumstances shall V-Play be liable for special, indirect, incidental, or consequential damages, including without limitation, damages resulting from delay of delivery or from loss of profits, data, business or goodwill, on any theory of liability, whether arising under tort (including negligence), contract or otherwise, whether or not V-Play has been advised or is aware of the possibility of such damages. V-Play’s entire liability for direct damages under this Agreement is limited to the greater of fifty Euros (€50) or the amount paid by you in the most recent three months for use of the services.
Controlling Law and Jurisdiction
The Agreement is governed by and construed in accordance with the laws of Austria, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
V-Play reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. V-Play has the discretion to update this terms of service at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the bottom of this Agreement. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage users to frequently check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review this terms of service periodically and become aware of modifications.
Your Acceptance Of These Terms
Your continued use of the Site & Services following the posting of changes to this Terms of Service will be deemed your acceptance of those changes.
If you have any questions about this Terms of Service, the practices of this Site or Services, or your dealings with this Site, please contact us.
1030 Wien, Austria
This document was last updated on May 23, 2018.