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Vinagames.com TERMS OF SERVICE

Three documents make up Vinagames.com's Terms of Service ("TOS"): the Rules of Play, the Privacy Policy, and the membership Agreement.

Your use of Vinagames.com is subject at all times to our Rules of Play and our Privacy Policy. Your use of Vinagames.com constitutes your acceptance 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 webmaster@vinagames.com.

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 service.

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.

Online Conduct

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:

  • 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 anyone.
  • 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.
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. Illegal behavior.

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 such matters.

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 Policy.

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 other users.

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, about Vinagames.com 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 action.

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.

Vinagames.com software.

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 WITH YOU.

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 and activities 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 the Rules of Play and our Privacy Policy, which are incorporated 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.

4. Indemnification

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 this Agreement.

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).

6. Termination

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 Rules of Play and the Privacy Policy, or Vinagames.com 's enforcement 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 that the Vinagames.com Rules of Play and the Vinagames.com Privacy Policy, 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.