Vinagames.com TERMS OF SERVICE
Three documents make up Vinagames.com's Terms of Service
Your use of Vinagames.com is subject at all times to our Rules of Play and
of these terms. You may also become a member of Vinagames.com by
registering on our site. To be a member, you must accept all of the
terms and conditions of the membership Agreement. If you have
questions about any of these documents, please contact us by sending
an e-mail to firstname.lastname@example.org.
Vinagames.com RULES OF PLAY
The Rules of Play tell you what you can expect on Vinagames.com, and the
kind of online behavior we expect of you. It also contains the terms
on which we make the game service and any software available. Our player
community is always evolving, so it's important that you
periodically check here for updates and new information. All of
our games, activities and other services, regardless of when they
are added to Vinagames.com are governed by our Terms of Service.
Appropriate Online content.
Vinagames.com does not pre-screen all content available on our service.
Vinagames.com does not assume any responsibility or liability for content
that is provided by members or other guests on Vinagames.com. Vinagames.com
does not endorse, approve, or prescreen any content that you or other users communicate on the
service. We reserve the right to remove content that is
objectionable to us for any reason. Neither Vinagames.com nor its
affiliates assume any liability for any failure to remove, or any
delay in removing, content. You bear the entire risk of the
completeness, accuracy or usefulness of content found on our
Members and other guests may generate content in chat rooms, message
boards, and in chat during games, etc. This kind of content must
reflect our standards, and we may remove it if, in our best
judgment, it does not meet those standards. If it's a serious offense or
you've violated our
rules before, we may ban you from participating on Vinagames.com and
terminate your account.
Content standards may vary depending on where you are on Vinagames.com, the
type of game you are playing and the expectations of the community.
Strong vulgar language,
crude or explicit sexual references, discussions of illegal drugs,
and hate speech are offensive and always inappropriate content for
Vinagames.com. In other cases, there may be "gray areas". Always use your
best judgment. If you would not say something in a room full of
people you have never met, or in the workplace, please don't post it
on our message boards or chat. Vinagames.com makes the final determination
about whether content is objectionable or not. This determination is
in our sole discretion, and is final.
Vinagames.com representatives may monitor your communications on Vinagames.com.
But, because we cannot monitor all of the content on Vinagames.com, and we
do not attempt to do so, you might encounter something you don't
want to see. Some of
the areas on Vinagames.com allow you to filter the chat you see. You can
use this feature to reduce your exposure to words you do not wish to
see. Reading the game help documents, or asking our Vinagames.com staff
members or other players in the game is a great way to learn how to
use these tools. Your good judgment in
making reports, particularly about the opinions of others, is
important and appreciated. Vinagames.com does not endorse or oppose the
opinions of any member or guest, but we may take issue with the
manner in which an opinion is expressed.
You agree that you will be personally responsible for your use of
the service and for all of your communication and activity on the
service, including any content you contribute, and that you will
indemnify and hold harmless Vinagames.com and its affiliates,
employees, officers, and directors from any liability or damages
arising from your conduct on Vinagames.com, including any content that you
contribute. Online conduct should be guided by common sense and
basic etiquette. You will violate the Terms of Service if you (or
others using your account) do any of the following:
Obey the rules wherever you are. This includes rules for use of
third party tools, and rules of interactive service providers,
state, local, federal laws, or foreign or international law where
appropriate. Ignorance of the law is no excuse. Other services have
their own rules, and you should consult them before interacting.
- Post, transmit, promote, or distribute content that is illegal.
Harass, threaten, embarrass, or do anything else to another member
or guest that is unwanted. This means: don't say bad things about
them, don't keep sending them unwanted messages, don't attack
their race, sexual orientation, religion, heritage, etc. If you
disagree with someone, respond to the subject, not the person.
Transmit or facilitate distribution of content that is harmful,
abusive, racially or ethnically offensive, vulgar, sexually
explicit, defamatory, infringing, invasive of personal privacy or
publicity rights, or in a reasonable person's view, objectionable.
Hate speech is not tolerated.
Disrupt the flow of chat in chat rooms with vulgar language,
abusiveness, hitting the Return key repeatedly or inputting large
images so the screen goes by too fast to read, use of excessive
shouting [all caps] in an attempt to disturb other users, or
flooding [posting repetitive text]. This is online vandalism, and
it ruins the experience for others.
You may not impersonate another person (including celebrities),
indicate that you are an Vinagames.com employee or a representative of
Vinagames.com, or attempt to mislead users by indicating that you
represent Vinagames.com or any of Vinagames.com's partners or affiliates.
Attempt to get a password, other account information, or other
private information from a member or any other user on Vinagames.com.
Remember: Vinagames.com employees will NEVER ask for your password. Don't
give your password, reminder words, or billing information out to
Upload any software or content that you do not own or have
permission to freely distribute.
Promote or encourage any illegal activity including hacking,
cracking or distribution of counterfeit software;
Upload files that contain a virus or corrupted data;
Post messages for any purpose other than personal communication,
or transmit advertising, promotional materials, chain letters,
pyramid schemes, or make any commercial use of our service.
Improperly use the in game support or complaint buttons or make
false reports to Vinagames.com staff members.
The laws that apply in the offline world must be obeyed online as
well. We have zero tolerance for illegal behavior on Vinagames.com. We
terminate use of the service and cooperate with law enforcement on
Links to Third-Party Sites.
Vinagames.com may include hyperlinks to websites operated by parties other
than Vinagames.com , including advertisers and other content providers.
Those sites may collect data or solicit personal information from
you. Vinagames.com does not control such websites, and is not responsible
for their content, privacy policies, or for the collection, use or
disclosure of any information those sites may collect.
Connecting to the service; Public Nature of Communications.
When you connect to Vinagames.com, we may retrieve information from the
computer used to log onto the service about the computer's hardware
system and any data related to the computer's operation of Vinagames.com
software. We will not collect any personal information about you,
however, without your knowledge and consent as stated in our Privacy
You acknowledge and agree that your communications with other users
via chats, conferences, bulletin boards, and any other avenues of
communication on this service are public and not private
communications, and that you have no expectation of privacy
concerning your use of this service. You acknowledge that personal
information that you communicate on this service may be seen and
used by others and result in unsolicited communications, therefore
we strongly encourage you not to disclose any personal information
about yourself in your public communications on our service. Vinagames.com
is not responsible for information that you choose to
communicate to other users on the service, or for the actions of
Commercial Activity and Unsolicited E-mail.
You may not advertise any goods or services on Vinagames.com. Chain letters
and pyramid schemes are not allowed. You may not use any area of
Vinagames.com to collect information, including login names,
members, and use of such information to send unsolicited e-mail or
for any other purpose is strictly prohibited. You may not exploit
Vinagames.com, or any games or services offered on Vinagames.com for any
commercial purpose. Any violation of these provisions can subject
your Vinagames.com account to immediate termination (or result in
revocation of Guest status, if you are a guest) and further legal
Copyrights and Trademarks; Proprietary Rights.
You shall not copy or download any content from Vinagames.com unless we have
expressly authorized you to do so.
You must also have the legal right to upload any content to Vinagames.com
before you do so. You shall not copy, transmit, modify, distribute,
show in public or in private, modify or create any derivative works
from the content you find on Vinagames.com, unless Vinagames.com expressly
authorizes you to do so. Making unauthorized copies of any content
found on Vinagames.com can lead to the termination of your Vinagames.com account
(or revocation of Guest status, if you are a guest) and may subject
you to further legal action. Similarly, other content owners may
take criminal or civil action against you. In that event, you agree
to indemnify and hold harmless Vinagames.com,
affiliates, employees, officers, directors and agents.
Once you post or send any content to Vinagames.com, you expressly grant
Vinagames.com the complete and irrevocable right to quote, re-post,
use, reproduce, modify, distribute, transmit, broadcast, and
otherwise communicate, and publicly display and perform the content
in any form, anywhere, with or without attribution to your screen
name in Vinagames.com's discretion, and without any notice or compensation
to you of any kind.
Some games on Vinagames.com may require that you download software onto
your computer ("Vinagames.com software"). Vinagames.com grants to you a
non-exclusive, limited license to use Vinagames.com software to play games
on our service. You may not sub-license, or charge others to use or
access Vinagames.com software. You may not use Vinagames.com software for any
other purpose. You may not translate, reverse-engineer, reverse-compile or
decompile, disassemble or make derivative works from Vinagames.com software.
You may not modify Vinagames.com software or use it
in any way not expressly authorized in writing by Vinagames.com You
understand that Vinagames.com's introduction of various technologies may
not be consistent across all platforms and that the performance and
some features offered by Vinagames.com may vary depending on your computer
and other equipment.
Vinagames.com HAS NO LIABILITY OF ANY KIND OR NATURE IN CONNECTION
WITH YOUR USE OF THE Vinagames.com SOFTWARE (INCLUDING LIABILITY FOR ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER
HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT
LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES
Vinagames.com software may be subject to United States export controls. By
downloading Vinagames.com software from Vinagames.com, you warrant that you are
not located in any country, or exporting Vinagames software to any person
or place, to which the United States has embargoed goods.
Limitations On Warranty And Liability.
YOU EXPRESSLY AGREE THAT THE USE OF Vinagames.com,
Vinagames.com SOFTWARE, AND THE
INTERNET IS AT YOUR SOLE RISK. Vinagames.com,
Vinagames.com SOFTWARE, Vinagames.com
PRODUCTS, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. Vinagames.com PROVIDES THE SERVICE ON A
COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL
BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR
CHOOSING, OR THAT Vinagames.com WILL HAVE ADEQUATE CAPACITY FOR THE
SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR
ANY DISPUTE WITH Vinagames.com IS TO STOP USING THE SERVICE, AND TO CANCEL
YOUR ACCOUNT AS STATED IN THE MEMBERSHIP AGREEMENT. YOU ACKNOWLEDGE
AND AGREE THAT Vinagames.com AND AFFILIATES
ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER
PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR
USE OF Vinagames.com SOFTWARE. IN NO CASE SHALL Vinagames.com'S OR ITS
AFFILIATES', EMPLOYEES', OFFICERS', OR
DIRECTORS' (COLLECTIVELY, "Vinagames.com AFFILIATES") LIABILITY TO YOU
EXCEED THE AMOUNT THAT YOU PAID TO Vinagames.com FOR THE SERVICE. IN
NO CASE SHALL Vinagames.com OR Vinagames.com AFFILIATES BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Vinagames.com,
Vinagames.com SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO YOUR USE OF OR MEMBERSHIP WITH Vinagames.com. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, Vinagames.com'S AND Vinagames.com AFFILIATES' LIABILITY SHALL
BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. Vinagames.com DOES NOT
ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE
OFFERED THROUGH Vinagames.com AND WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Vinagames.com MEMBERSHIP AGREEMENT
You become a member of Vinagames.com by completing our registration. This
membership agreement is a legal document that explains your rights
and obligations as an Vinagames.com member. Please read it carefully.
1. Membership Basis
Vinagames.com membership allows you to participate in certain games
on Vinagames.com. This membership Agreement and any rules or instructions
posted on Vinagames.com regarding a particular game, activity, contest
constitutes the entire agreement between you and Vinagames.com
regarding your use of the service. If there is any conflict between
the membership Agreement and any other rules or instructions posted
on Vinagames.com, Vinagames.com shall resolve the conflict in its sole discretion.
As an Vinagames.com member, you agree to all of the terms and conditions of
into this membership Agreement.
When you accept this Agreement and complete Vinagames.com's registration
process, you create an Vinagames.com account ("account") and select a login
name and password.
Your login name is your online identity. You may not use
a login name that is used by someone else, and your login name
cannot be vulgar, or otherwise offensive, or be used in any way that
violates the Terms of Service. You may not provide false information
during the registration process.
You are solely responsible for all activity on your account and for
the security of your computer system. It is important that you not
reveal your password to other users. Vinagames.com will not ask you to
reveal your password or ever initiate any contact with you asking
for your reminder words. You agree not to let anyone to use your account
as well as not to use any account not created by you. You agree to
indemnify and hold Vinagames.com harmless for any improper or illegal use
of your account. This includes illegal or improper use by someone to
whom you have given permission to use your account. Your account is
at risk if you let someone use it inappropriately and your
membership is subject to termination if you or anyone using your
account violates our Terms of Service. If your account is
terminated, you may not join Vinagames.com again without our express
permission. You may not transfer the ownership of the account,
sell or charge others for the right to use your account.
2. Charges, billing and free trials
You may be a member of Vinagames.com without paying Vinagames.com to
participate in a game or other activity. However, Vinagames.com reserve the
right to charge monthly
subscription fees to access certain areas of the service, play
certain premium games and participate in related activities on
Vinagames.com. If you must pay a
subscription fee to access part of our service or play a particular
game, this information will be posted Vinagames.com. You will be given the
option to subscribe to the game by providing us with a valid credit
card number and billing information.
3. Online conduct and content
Please refer to the Rules of Play. If you, or anyone using your
account, violate our online conduct or content standards, Vinagames.com may
take action against your account. We may issue you a warning about
the violation, or we may choose to immediately terminate your
account. You acknowledge that Vinagames.com is not required to provide you
notice before terminating your account, but it may choose to do so.
Upon request by Vinagames.com, you agree to defend, indemnify and hold
harmless Vinagames.com and its parent, affiliates, subsidiaries,
employees, contractors, officers, directors, vendors, and content
providers from all liabilities, claims and expenses, including
attorneys' fees, that arise from a breach of this membership
Agreement for which you are responsible or in connection with your
transmission of any content on Vinagames.com. Vinagames.com reserves the right, at
its own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you. In that event,
you shall have no further obligation to provide indemnification to
Vinagames.com in that matter. This Section 4 shall survive termination of
5. Updates and modifications
Vinagames.com may update or revise the membership Agreement at any
time. By becoming a member of Vinagames.com, you agree that Vinagames.com may
change the terms of this membership Agreement. If we revise the
membership Agreement, such revision shall be effective thirty (30)
days after posting the new membership Agreement on Vinagames.com. You agree
to review the membership Agreement periodically to become aware of
such revisions. You can view the membership Agreement at any time by
clicking on the Terms of Service link at the bottom of our Vinagames.com
home page. Your continued use of the service thirty (30) days after
a revised Agreement is posted on Vinagames.com will mean that you accept
all such revisions. If you don't agree to the changes, or to any of
the terms in this membership Agreement, your only remedy is to
cancel your account (or subscription to a particular area or game).
Either you or Vinagames.com has the right to terminate or cancel your
membership or a particular subscription at any time. You understand
and agree that the cancellation of your account or a particular
subscription is your sole right and remedy with respect to any
dispute with Vinagames.com This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this
membership Agreement or Vinagames.com 's enforcement or application of
this Agreement; (2) any policy or practice of Vinagames.com, including the
or application of these policies; (3) the content available through
Vinagames.com or any change in content provided through Vinagames.com; (4) your
ability to access and/or use Vinagames.com; or (5) the amount or type of
fees, surcharges, applicable taxes, billing methods, or any change
to the fees, applicable taxes, surcharges or billing methods.
In the event that your account or a particular
subscription is terminated or canceled, no refund, including any
membership fees, will be granted. Active Vinagames.com
members may not allow former members whose memberships have been
terminated by Vinagames.com to use their accounts. Any delinquent or unpaid
accounts or accounts with unresolved issues with Vinagames.com must be
settled before Vinagames.com may allow you to register again.
7. Other legal terms
You agree that this membership Agreement is not intended to confer
and does not confer any rights or remedies upon any person other
than the parties to this Agreement. You also understand and agree
including Vinagames.com's enforcement of those policies, are not intended
to confer, and do not confer, any rights or remedies upon any
person. If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions
shall remain in full force and effect. The laws of the State of
Texas, excluding its conflicts-of-law rules, govern this
Agreement and your membership. As noted above, member conduct may be
subject to other local, state, national, and international laws. You
expressly agree that exclusive jurisdiction for any claim or dispute
with Vinagames.com or relating in any way to your membership or your use of
Vinagames.com resides in the courts of Harris county, Texas and you further
agree and expressly consent to the exercise of personal jurisdiction
in the courts of Harris county, Texas in connection with any such
dispute including any claim involving Vinagames.com or its parent,
affiliates, subsidiaries, employees, contractors, officers,
directors, vendors and content providers.
You agree to abide by U.S. and other applicable export control laws
and not to transfer, by electronic transmission or otherwise, any
content or software subject to restrictions under such laws to a
national destination prohibited by such laws, without first
obtaining, and then complying with, any requisite government
authorization. You further agree not to upload to Vinagames.com any data or
software that cannot be exported without prior written government
authorization, including, but not limited to, certain types of
encryption software. The assurances and commitments in this Section
shall survive termination of this Agreement.