Vela Games Limited
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms of service (the “Terms”) set out the terms and conditions by which Vela Games Limited offers you access to our websites https://vela.games/, https://accounts.velagames.net, games, apps, (playtest) community and other services (the “Vela Games Services” or our “Services“) whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms. If you do not agree to the Terms, do not use the Services.
These Terms are intended to be read in conjunction with our Privacy Notice, which also applies to your use of our Services. Please read the Privacy Notice to understand how we process your personal data.
WHAT IS IN THESE TERMS?
1 WHO WE ARE AND HOW TO CONTACT US
2 BY USING OUR SERVICES YOU ACCEPT THESE TERMS
3 OTHER TERMS THAT MAY APPLY TO YOU
4 WE MAY MAKE CHANGES TO THESE TERMS
5 WE MAY CHANGE, SUSPEND OR WITHDRAW OUR SERVICES
6 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
7 OUR SERVICES ARE ONLY FOR USERS IN THE EEA AND UK
8 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
9 HOW YOU MAY USE MATERIAL ON OUR SERVICES
10 DO NOT RELY ON INFORMATION ON THIS SERVICES
11 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
12 USER-GENERATED CONTENT IS NOT APPROVED BY US
13 HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15 YOUR RESPONSIBILITY
16 UPLOADING CONTENT TO OUR SERVICES
17 ACCEPTABLE USE AND CONTENT STANDARDS
18 RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
19 RULES ABOUT LINKING TO OUR SERVICES
20 COMPLAINTS AND ONLINE DISPUTE RESOLUTION
21 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
- WHO WE ARE AND HOW TO CONTACT US
- Vela Games Limited (“Vela Games“) is an Irish limited liability company registered in Ireland.
- https://vela.games/, and https://accounts.velagames.net are websites operated by Vela Games Limited (“We”, “us”, “our” or “Vela Games”). We are registered in Ireland under company number 633265 and have our registered office at 9/10 Fenian Street, Dublin 2, Ireland. Our main trading address is 9/10 Fenian Street, Dublin 2, Ireland. Our VAT number is IE 3569347TH.
- To contact us, please email [email protected] or send a letter to our registered address.
- BY USING OUR SERVICES YOU ACCEPT THESE TERMS
- By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. We may terminate your access to the Services if you do not comply with these Terms
- In order to access some of our Services, you may have to create an account with us. You agree not to use another’s account without permission.
- You may not create an account if you are under the age of 18
- OTHER TERMS THAT MAY APPLY TO YOU
- These Terms refer to the Privacy Notice, which also applies to your use of our Services:
- We will only use your personal data as set out in our Privacy Notice.
- Please see our Privacy Notice here: https://vela.games/privacy-policy/.
- WE MAY MAKE CHANGES TO THESE TERMS
- From time to time, we may update these Terms and/or change the Services for valid business reasons to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. To the extent permitted by law, changes are effective immediately upon posting on our website.
- If we make material changes to these Terms we will notify our registered users by email or through posting a notification when you log into our Services or when you open our mobile application. You can terminate your use at any point if you are not happy with the changes made
- Your continued use of any of the Services following the posting of revised Terms means that you accept and agree to the changes, to the extent permitted by applicable laws. You should review the Terms to ensure you are aware of the latest version. These Terms were most recently updated on 16 April 2021.
- WE MAY CHANGE, SUSPEND OR WITHDRAW OUR SERVICES
- Vela Games does not obligate itself to maintain the Services, or to maintain it in its present form. We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
- We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Services, in whole or in part, or of any service, content or feature offered through the Services.
- WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
- We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- OUR SERVICES ARE ONLY FOR USERS IN THE EEA AND UK
- Our Services are directed to people residing in the European Economic Area (“EEA“) and UK. We do not represent that content available on or through Our Services are appropriate for use or available in other locations.
- YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- You are solely responsible for the activity that occurs on your account. You must keep your account password secure and not do anything which might endanger the security of your account. You are solely responsible for anything that happens through your account. Vela Games will not be liable for your losses caused by any unauthorised use of your account.
- Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Vela Games.
- Vela Games does not recognise the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in the Services, including the virtual goods or currency appearing or originating in the Services and any other attributes associated with your account or stored in the Services. Vela Games does not recognise any virtual property transfers executed outside of the Services or the purported sale, gift or trade in the “real world” of anything related to the Services. Accordingly, you may not sell items for “real” money or otherwise exchange items for value outside of the Services.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
- HOW YOU MAY USE MATERIAL ON OUR SERVICES
- We are the owner or the licensee of all rights in the Services (including without limitation all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client or server software) . Those works are protected by intellectual property rights (including without limitation copyrights and similar rights) around the world. All rights in the Services, including without limitation all intellectual property rights and other proprietary rights, are reserved by Vela Games and its licensors.
- You are not permitted to use any Vela Games registered trademarks without our approval.
- You must not use the Services including any part of the content on our site or games other than as expressly permitted by these Terms.
- You shall not reproduce, duplicate, copy or re-sell any part of our Services including this site in contravention of the provisions of these Terms. If you use our Services or any of the content of this site in breach of these Terms your right to use our Services will cease immediately.
- You understand that you have no rights to the Services or any other Vela Games property except as indicated in these Terms. If any use or attempted use by you of any service is in breach of the limited license granted under these Terms, you may be held personally liable and/or prosecuted for any loss or damage caused to digit or any of its licensors arising from such breach. And your right to use our Services will cease immediately.
- You acknowledge that a breach of any confidentiality or proprietary rights provision of these Terms may cause Vela Games irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Vela Games may seek an injunction to prevent you from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
- By using these Services you promise, acknowledge, and agree that:
- Access privileges may not be transferred to any third-parties;
- You will not access, store, distribute or transmit any viruses;
- You will comply with all applicable laws and regulations with respect to use of the Services;
- You will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
- You will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
- You will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the site or contained in the Services;
- You are solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
- You will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
- DO NOT RELY ON INFORMATION ON THIS SERVICES
- The content on our Services are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
- Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services are accurate, complete or up to date.
- WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
- In some cases, you may need to use services provided by third parties to use our Services, such as creating an account with Discord.
- Where our Services otherwise contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- We have no control over the contents of those websites or resources.
- USER-GENERATED CONTENT IS NOT APPROVED BY US
- This website may include information and materials uploaded by other users of the Services, including to feedback boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values.
- HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
- We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.
- If you wish to complain about content uploaded by other users, please contact us on [email protected].
- If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate. Free speech is a fundamental right, so we must make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. We do not promise that the Services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services, or any technology that makes it available, are free of viruses or other harmful components, or that the services or items obtained through the Services will otherwise meet your needs or expectations.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- We disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. This does not affect any warranties which cannot be excluded or limited under applicable law.
- No verbal or written representations, information or advice given by Vela Games or its authorised representative shall create a warranty or in any way increase the scope of this warranty.
- YOUR RESPONSIBILITY
- We only provide our Services for domestic and private use. You agree not to use our Services for any commercial or business purposes.
- You are personally responsible for your behaviour while using Vela Games Services and for all content provided via your account, and agree to indemnify and hold Vela Games and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including legal fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, the content you contribute or link to, or your access to the Services, or your violation of either these Terms or the rights of any third party.
- You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
- You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which Our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.
- UPLOADING CONTENT TO OUR SERVICES
- Whenever you make use of a feature that allows you to post, link, or otherwise contribute or upload any material or content to our Services, or to make contact with other users of our Services, (a “Contribution“) you must comply with the content standards set out in the section below on acceptable use. (“Content Standards” and “Acceptable Use“).
- You warrant that any such Contribution complies with the Acceptable Use and Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Any content you upload to our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Services a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below in the section on rights you are giving us to use material you upload
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
- We have the right to remove any posting you make on our Services if, in our opinion, your post does not comply with the Content Standards set out in the section below on Acceptable Use.
- You are solely responsible for securing and backing up your content.
- We do not store terrorist content.
- ACCEPTABLE USE AND CONTENT STANDARDS
- You may use our Services only for lawful purposes. You may not use our Services:
- in any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Services;
- any equipment or network on which our Services are stored;
- any software used in the provision of our Services; or
- any equipment or network or software owned or used by any third party.
- We may from time to time provide interactive Services on our Services.
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- The following Content Standards apply to any Contribution made by a user of our Services. Vela Games will determine, in its discretion, whether a Contribution breaches the Content Standards.
- A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in Ireland and in any country from which it is posted.
- A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal content or activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Vela Games, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other websites.
- When we consider that a breach of these Acceptable Use and Content Standards has occurred, we may take such action as we deem appropriate.
- Failure to comply with these Acceptable Use and Content Standards constitutes a material breach of the Terms upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Services.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our Services.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- We exclude our liability for all action we may take in response to breaches of these Acceptable Use and Content Standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
- You may use our Services only for lawful purposes. You may not use our Services:
- RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
- When you upload or post content to our Services or provide us with comments on any of our Services, you grant us the following rights to use that content:
- a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our Services and across different media including to promote the Services or the Services for an indefinite term.
- a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes or in accordance with the functionality of the Services for an indefinite term.
- When you upload or post content to our Services or provide us with comments on any of our Services, you grant us the following rights to use that content:
- RULES ABOUT LINKING TO OUR SERVICES
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Services in any website that is not owned by you.
- No part of our Services may be framed on any other website, application or otherwise, nor may you create a link to any part of our Services other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the Content Standards.
- If you wish to link to or make any use of content on our Services other than that set out above, please contact [email protected].
- COMPLAINTS AND ONLINE DISPUTE RESOLUTION
- Please contact us if you are experiencing any issues with our Services. We will endeavour to resolve any issues as soon as practicable.
- You may access the EU Online Dispute Resolution platform via the follow link: http://ec.europa.eu/consumers/odr/.
- WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
- Unless otherwise required by a mandatory law of your jurisdiction, these Terms, your use of our Services (and any non-contractual disputes/claims arising out of or in connection with them) is subject to the laws of Ireland, without regard to choice or conflicts of law principles, and you can bring legal proceedings in respect of the products in the Irish courts.
You can direct any questions concerning these Terms to [email protected].