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Terms of Service


Welcome to the services provided by VISIONPLAY LIMITED (hereinafter referred to as "the Company")! Before using our services, please read the following Terms of Service (hereinafter referred to as "the Terms") and our Privacy Policy carefully. These documents clarify the legal relationship between you and the Company and explain your responsibilities and rights when using the various services we provide.

 

Service Content
These Terms apply to all content related to our services, including but not limited to our official website, online store (if applicable), mobile applications, games, and related content and services. Furthermore, these Terms also cover all products, features, and other content that we provide or can be accessed through these platforms.

 

Important Statement
By using our services, you indicate that you have read, understood, and agree to be bound by these Terms, especially the sections regarding disclaimers and liability limitations. Our Privacy Policy explains how we collect, use, and protect your personal information while providing services to you, as well as your rights and choices regarding privacy. If you do not agree with any part of these Terms or the Privacy Policy, you should immediately cease using our services.

 

Age Requirement
You must be at least 13 years old and of legal age in your jurisdiction to use our services. If you are under 13 years old or below the legal age in your area, you must have the consent of a legal guardian to continue using the services.

 

Legal Applicability
Our services and related software may be subject to export control laws. If the laws of your area prohibit you from receiving these services, you will not be able to use them. Additionally, Article 16 includes informal dispute resolution procedures and a binding arbitration agreement, meaning you will waive your right to have disputes adjudicated in court or by a jury. Article 13 outlines our liability limitations and disclaimers. Please read these terms carefully.

 

Table of Contents

1.Service Description and Amendments to Terms

2.Eligibility for Use

3.Intellectual Property and Licensing

4.Privacy Policy

5.Submission and Responsibility for User Content

6.Code of Conduct and Service Management

7.Responsibility for User Interactions

8.Reporting Procedures and Copyright Policy

9.Virtual Goods and Payment Terms

10.Third-Party Links and Advertisements

11.Right to Terminate Services

12.User Indemnity

13.Liability Limitations and Disclaimers

14.Time Limit for Claims

15.Applicable Law and Jurisdiction

16.Dispute Resolution and Arbitration Agreement

17.Miscellaneous Provisions

18.Contact Information

 

1. Service Description and Amendments to Terms
"Services" encompass our website, online store, mobile applications, games, and related functionalities and content. To use the services effectively, you may need to register an account and provide relevant information. Please ensure that the registration information you provide is accurate and updated in a timely manner. Your account and service usage are exclusive and non-transferable. You are fully responsible for all activities occurring in your account, whether or not authorized by you.
We continuously update, optimize, and improve our services, which may affect your user experience, including feature enhancements, the introduction of new features, or bug fixes. You may choose to disable automatic updates, but certain updates may be necessary for continued use of the services. Additionally, we may send you notifications about service updates, which you can turn off at any time through your device settings.

 

2. Eligibility for Use
You must be at least 16 years old and not prohibited from using our services under applicable laws. In some cases, you may need authorization from a legal guardian to continue using the services. If you are prohibited from receiving products or services from the United States due to local laws, you will not have access to these services. Furthermore, if you have been convicted as a sex offender or previously banned from using the services for violating the terms, we reserve the right to refuse your continued use of the services.

 

3. Intellectual Property and Licensing
We and our licensors retain all intellectual property rights related to the services, including the technology, software, and other relevant components within the services. You are granted a limited, non-exclusive, non-transferable license to use our services solely for personal, non-commercial purposes. Any attempt to reverse-engineer, decode, or otherwise obtain the original code of the services constitutes a violation of these Terms and will result in immediate account termination.


4. Privacy Policy
Our Privacy Policy provides detailed information on how we collect, process, and share your personal data while providing services to you. By using these services, you consent to the processing of your information as described in the Privacy Policy. If you do not agree to these provisions, you should immediately stop using our services.

 

5. User Content and Responsibility
This service may include discussion boards, networks, and other features that allow you to post, submit, display, or share content or data (hereinafter collectively referred to as "User Content"). All User Content must meet the following standards: it must not contain illegal, fraudulent, false statements, obscene, threatening, defamatory content, infringe privacy or intellectual property rights, or any content that may harm or offend others; it must also not contain viruses, malicious code, commercial advertisements, chain letters, spam, or any form of junk mail.
By posting User Content, you represent and warrant that:

· You own or otherwise control all rights to the User Content you post.

· The User Content is accurate and not misleading or false.

· The User Content does not violate these Terms or any third-party rights and will not harm others.

You understand that User Content may be copied and discussed by other users, and you bear responsibility if you do not have the rights to post such content. We are not liable for any User Content posted by you or third parties and do not guarantee its accuracy, truthfulness, or appropriateness. You bear full responsibility for User Content you post.

Authorization of User ContentAny User Content you post will be deemed non-confidential and non-proprietary, granting us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable right to use, copy, modify, publish, translate, create derivative works, and distribute such content in any media without further notice or compensation. To the fullest extent permitted by law, you waive any moral rights you may have in the User Content.

Service Usage Management RightsWe are not obligated to monitor the services or user behavior, but we reserve the right to edit, remove, or refuse to post any User Content. By using the services, you acknowledge that you may encounter content that you consider offensive. Communications made through the services should not be considered private, and you should avoid disclosing personal identifying information.
We may record your communications, and you agree to such recording. Additionally, you may appeal content moderation or seek clarification in accordance with applicable laws.

6. Code of Conduct and Service Management
When using this service, you agree not to engage in the following behaviors:

· Violating any applicable laws or regulations, or using the services in a manner that may cause us to violate the law.

· Evading or manipulating these Terms, game rules, mechanisms, or other policies.

· Interfering with or disrupting other users' service experience, or using vulgar, aggressive, or harassing language in conversations.

· Harassing, threatening, or offending other users or staff.

· Participating in illegal, inappropriate, or offensive activities, or posting related content.

· Posting inappropriate, vulgar, offensive, or illegal User Content.

· Posting advertisements, spam, or solicitation activities for commercial purposes.

· Impersonating others or implying you are a representative of the Company.

· Misusing customer support or complaint functions.

· Attempting to obtain others' passwords or account information without authorization.

· Accessing services or copying data through automated tools.

· Using unauthorized programs or tools, such as cheating tools.

· Modifying unauthorized service files or functionalities.

· Using the services on unauthorized platforms.

· Selling, purchasing, or transferring accounts, virtual goods, or access rights to services without explicit authorization.

· Using the services in countries subject to export controls or legal prohibitions.

· Using offensive or infringing usernames or character names.

· Interfering with services or networks, conducting intrusions, or uploading viruses.

· Promoting, encouraging, or participating in any activities that violate the above Code of Conduct.

Consequences of Violating TermsFailure to comply with the Code of Conduct or any other part of these Terms may result in the termination of your account or service access or legal penalties as applicable. 

7. Responsibility for User Interactions
You bear the risk for interactions with other users when using the services. You understand and agree that we are not responsible for any actions or communications between you and other users. If a dispute arises between you and another user, you agree to resolve it on your own in a reasonable manner. We reserve the right to intervene or not intervene in these disputes.

Liability WaiverUnless explicitly stated by law, you waive any claims, damages, or lawsuits against us, our affiliates, employees, officers, agents, partners, and their successors and assigns arising from your interactions with other users.

 

8. Reporting Procedures and Copyright Policy
We respect the intellectual property rights of others and require users to comply with relevant laws. If you believe that content posted by a user infringes your copyright or other legal rights, you may submit a written notice to us providing the following information:

· A specific description of the copyrighted work or rights that have been infringed;

· Details of the allegedly infringing content (e.g., links, screenshots, etc.);

· Your contact information, including your full name, address, email, and phone number;

· A statement confirming you have sufficient grounds to believe the use is unauthorized;

· A statement affirming that the information in the notice is accurate and that you are the owner of the copyrighted content or are authorized to act on behalf of the rights holder.
We will process valid notices as soon as possible and take appropriate action, such as removing or disabling access to the allegedly infringing content. We reserve the right to terminate the accounts of users who repeatedly infringe the rights of others.

9. Virtual Goods and Payment Terms
Virtual Goods: When using our services, you may purchase or acquire virtual goods, game currency, etc. (collectively referred to as "Virtual Goods"). These Virtual Goods are for use within our services only and have no real monetary value. Virtual Goods are non-transferable, non-refundable, and cannot be exchanged for real currency. We reserve the right to modify the prices, quantities, characteristics, or discontinue the sale of Virtual Goods at any time.

Payment Terms: You will make purchases through legally authorized payment methods. All transaction fees will be displayed at the time of purchase, and payments are non-refundable unless we agree to a refund in specific circumstances. If you experience billing errors due to technical issues, please contact us promptly for assistance.

10. Third-Party Links and Advertisements
Our services may contain links or advertisements for third-party websites, products, or services. These links are provided for user convenience and do not signify our endorsement of third-party content, products, or services. You access or purchase third-party products or services at your own risk. We are not responsible for any third-party content, privacy policies, or operational practices.

 

11. Right to Terminate Services
We reserve the right, at our discretion, to terminate or limit your account, access, or use of our services at any time for any reason, especially if you violate these Terms or applicable laws. After termination or restriction of access, you will no longer be able to use your account or any Virtual Goods within the service. We are not liable for any losses or liabilities arising from the termination or restriction of your account.

 

12. User Indemnity
You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses (including attorney fees) arising from your use of the services, your User Content, or any violations of these Terms or third-party rights (including but not limited to intellectual property or privacy rights).

 

13. Liability Limitations and Disclaimers
To the fullest extent permitted by law, we make reasonable commitments regarding the quality, functionality, and reliability of our services but provide no express or implied warranties. We are not liable for any indirect, incidental, special, or punitive damages arising from your use of our services, including but not limited to loss of profits, data, or business interruption. We are not liable for service interruptions or data loss caused by force majeure.

 

14. Time Limit for Claims
You agree that any claims or legal actions arising from your use of our services or these Terms must be initiated within one (1) year of the claim or cause of action arising; otherwise, you will permanently lose that right.

 

15. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New Zealand, excluding its conflict of law principles. For any disputes arising from these Terms or services, you agree to the exclusive jurisdiction of the courts in New Zealand, and all disputes will be litigated in New Zealand courts.

 

16. Dispute Resolution and Arbitration Agreement
Informal Dispute Resolution: Before initiating any formal legal action or arbitration, you agree to first resolve any disputes informally. You should detail the dispute in writing and send it to our contact address. We will contact you within 30 days of receiving your notice to seek an amicable resolution.

Binding Arbitration: If informal resolution fails, both parties agree to resolve all disputes through binding arbitration. Arbitration will take place in New Zealand and will be governed by New Zealand arbitration law. You understand and agree that arbitration awards are final and cannot be appealed or reviewed in court.

 

17. Miscellaneous Provisions
These Terms constitute the entire agreement between you and us, superseding any prior oral or written agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any rights or provisions of these Terms does not constitute a waiver of those rights.

 

18. Contact Information
If you have any questions or need further information about these Terms, you can contact us at:

 

Company Name: VISIONPLAY LIMITED
Address: UNIT 10, 32A WESTGATE DRIVE, WESTGATE, AUCKLAND, 0614, NEW ZEALAND
Email: support@visionplaytech.com


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