Terms of Service

We welcome you to use the services made by Vainary (“we”, “us”). These Terms of Service (“Terms”) apply to the use of all services provided by us, including games developed by us, Vainary’s and aforementioned games’ webpages or any social functions of the aforementioned services or any other services we have attached these Terms to (“Services”). These Terms govern the relationship between you (“you”, “Player” or “User”) and Vainary regarding the use of the Services. Please read carefully these Terms and our Privacy Policy, because they govern your use of our Services.

Agreement

By downloading, installing, accessing or using any part of the Services, you are agreeing to these Terms and our Privacy Policy. If you accept these Terms, you represent that you are age 13 or older. If you are over the age of 13 but not legally an adult as per the laws of your country or otherwise do not have the authority to enter into agreements such as these Terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms.

You agree to these Terms and accept to be bound by them. These Terms affect your legal rights and obligations, so if You do not agree to the Terms, You may not use Our Services

Changes to Terms of Service

We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications. It’s important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or App, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.

Account

In addition to these Terms, you agree to abide by any supplemental policies of the Services, such as policies related to specific services (including without limitation forums, chats, contests or sweepstakes) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.

When you access the Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

License

Subject to your compliance with these Terms, Vainary grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the Service that these Terms are linked to on a mobile device and to run such copy of the Service solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not:

(a) copy, modify, or create derivative works based on the Service;
(b) distribute, transfer, sublicense, lease, lend, or rent the Service to any third party;
(c ) reverse engineer, decompile, or disassemble the Service; or
(d) make the functionality of the Service available to multiple users through any means. Vainary reserves all rights in and to the Service not expressly granted to you under these Terms.

Use and Restrictions

You may not use any technological or other means to use the Services in a way that is not within the spirit of these Terms. Especially you agree that you will not:

  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature or hampering accessibility of any users;
  • access, tamper with, or use nonpublic areas of the Services, Vainary’s computer systems, or the technical delivery systems of Vaianry’s providers;
  • attempt to probe, scan, or test the vulnerability of any Vainary system or network or breach any security or authentication measures or attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by us or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Content and Ownership

For purposes of these Terms “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. Subject to your compliance with these Terms, we grant you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.

Vainary exclusively owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Virtual Currency and Virtual Goods

In some of our services, such as in mobile games, Vainary may license to you certain virtual goods to be used within the Service and which you may purchase with “real world” money or which you may earn or redeem via gameplay (“Virtual Goods”). Virtual Goods are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.

We may manage, control, modify or eliminate Virtual Goods at any time, with or without notice.
You acknowledge that Virtual Goods are a category of Content, so the transfer of Virtual Goods is prohibited except where expressly authorized in the Services, as applicable. Virtual Goods can never be exchanged to any third party for real money, real goods, real services from us or anyone else.
The purchase of Virtual Goods is limited to Account holders who are either

(a) 18 years of age or older; or
(b) under the age of 18 and have the consent of a Parent 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 Goods.

Virtual Goods do not have an equivalent value in real world money and are not a substitute for real world money. Neither Vainary nor any other person or entity has any obligation to exchange Virtual Goods for anything of value. Vainary is not liable for hacking or loss of your Virtual Goods.
We reserve the right at any time to change and update our pricing and inventory of Virtual Goods without notice. As set forth below, all Virtual Goods, and other Content is provided “as is”, without any warranty. You agree that all sales by us to you of Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Goods once the transaction has been made.
We may cancel any Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.

If you ask for your personal data to be deleted as described in Vainary’s Privacy Policy, you will permanently forfeit all of your Virtual Goods without the right to refund, as Vainary will no longer be able associate such Virtual Goods with you.

Conduct

Vainary Services may involve methods and services by which users can communicate with each other and with the developers.

Vainary assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Vainary does not, and cannot, pre-screen or monitor all content or conduct of users. You use the Services at your own risk.
By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. We may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.

You agree that you are responsible for your own conduct and any content you provide while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:

  • defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
  • upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
  • promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
  • upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature or hampering accessibility of any users;
  • submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
  • post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
  • access, tamper with, or use nonpublic areas of the Services, Vainary’s computer systems, or the technical delivery systems of Vainary’s providers;
  • attempt to probe, scan, or test the vulnerability of any Vainary system or network or breach any security or authentication measures or attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by us or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Termination of Services

We may cancel, suspend, or terminate your Account and your access to your Trading Items, Gems, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if

(a) your Account is inactive (i.e., not used or logged into) for one year;
(b) you fail to comply with these Terms;
(c ) we suspect fraud or misuse by you of Trading Items, Gems, Virtual Goods, or other Content;
(d) we suspect any other unlawful activity associated with your Account; or
(e) we are acting to protect the Services, our systems, any of our users, or the reputation of Vainary.

We have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Goods lost due to such cancellation, suspension, or termination. You acknowledge that Vainary is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Goods when your Account is closed, whether such closure was voluntary or involuntary.

Dispute Resolution

If a dispute arises between you and Vainary, we strongly encourage you to first contact us directly to seek a resolution by reaching us through our communication channels If you are a resident outside of the United States, you agree that all disputes between you and Vainary 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 Vainary must be resolved exclusively by a court located in Turku, Finland.