Terms of Service

Terms of Service
Last Updated: October 3, 2019

Virtual Realms (“Company”, “We”, “Us”, “Our”) maintains these Terms of Service (“Terms”, “Agreement”) to govern your use of any online product, mobile apps, websites, updates, or services offered by Us (“Services”) made available to you (“You”, “Your”).
Each time you use or access our Services, you accept and agree to be legally bound to these Terms, our Privacy Policy, and any additional end user license agreements (“EULA”). If you are under the age 18 (or under the age of majority in your jurisdiction), you must have your parent or guardian review and accept these Terms on your behalf and take full responsibility of your compliance with them. If you do not understand or agree to be bound by (or cannot comply) with these Terms, please do not use or access our Services.
We may occasionally make changes to these Terms at any time and without notice. If we do, we will (where reasonably practicable) notify you by posting these modified Terms through our Services, or other communications. Any changes to these Terms will become effective immediately upon posting by us, unless specified otherwise. By continuing to use our Services after make any changes to this Agreement, you are agreeing to be bound by these revised Terms.

1. License

1.1  The Company grants you a limited non-exclusive, non-transferable, right and license to download, install, and access Our Services on your computer and/or mobile device where available for personal, non-commercial use. We may terminate this license without notice if you fail to comply with any of these Terms or Privacy Policy.
1.2  The license granted to you is subject to the following limitations. You shall not or permit another person to:

1.2.1  copy, distribute, modify, create derivative works, disassemble, decompile, reverse engineer, translate, or attempt to extract source code including, but not limited to, underlying ideas, algorithms, structure, or organization from the Services in any portion thereof;
1.2.2  modify or remove any copyright, patent, trademark, labels, and other notices in any materials belonging to Company, Our affiliates, or user-generated content;
1.2.3  rent, assign, lease, or license any Company Services other user-generated content;
1.2.4  exploit Company Services, user-generated content, or any of its parts for commercial purpose;
1.2.5  use any third-party software to modify any Services;
1.2.6  use any third-party software or application to access, copy, transfer, transcode, or retransmit any content in violation of third party intellectual property rights.

1.3  Additional Agreements or Terms

1.3.1  You agree to comply with any third party platform’s (Apple Store, Google Play) terms and conditions applicable to your ability to access our Services.
1.3.2  You agree to use our Services only in compliance with these Terms, Privacy Policy, applicable laws and regulations, including applicable tax laws.
1.3.3  All information and details provided by You are true, accurate, and up to date.
1.3.4  You agree to use our Services at your own risk, as you may be exposed to content that you may find offensive, indecent, or objectionable.

If you fail to comply these Terms, We may suspend access Our Services and/or future updates, as well as the immediate and automatic termination of this license granted to you without notice.

2. Intellectual Property Rights

2.1  All content appearing in Our Services belong to Us, our licensors, affiliates and/or certain third parties and maintain exclusive right, title and interest including past, present, and future versions. This includes, without limitation: software, video, audio, music, text, graphics, images, logos, designs, and any copyright-able material (collectively, “Company Materials”).
2.2  You acknowledge that no additional rights except those expressly set forth in these Terms are granted. No other licenses are granted, whether by implication, estoppel, or otherwise, within these Terms.

3. In-game Items

3.1 YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU OBTAIN A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO ACCESS AND USE OUR SERVICES AND WE OWN, OR HAVE LICENSED ALL OF THE COMPANY MATERIALS, AND OTHER CONTENT THAT MAY APPEAR. ALTHOUGH YOU MAY PURCHASE OR ACQUIRE VIRTUAL IN-GAME CURRENCY (“GOLD”, “POINTS”, “CASH”, “TOKENS”, ETC.), IN-GAME ITEMS AND OTHER GOODS OR SERVICES (COLLECTIVELY, “VIRTUAL ITEMS”), YOU AGREE THAT THESE VIRTUAL ITEMS HAVE NO MONETARY VALUE AND YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER. ACCORDINGLY, YOU MAY NOT SELL ANY VIRTUAL ITEMS FOR “REAL MONEY” OR EXCHANGE FOR ANY OTHER GOODS OR SERVICES, AND DOING SO MAY LEAD TO THE AUTOMATIC TERMINATION OF THE LICENSE AND OUR SERVICES WITHOUT NOTICE.
3.2  ALL PURCHASES MADE THROUGH OUR SERVICES ARE NON-REFUNDABLE, AND YOU ARE NOT ENTITLED TO A REFUND OR COMPENSATION FOR ANY UNUSED VIRTUAL ITEMS IN THE EVENT THAT THE COMPANY CEASES TO PUBLISH OUR SERVICES, IS ACQUIRED BY A THIRD PARTY, FILES A NOTICE OF BANKRUPTCY WITH ANY COURT, OR IF YOUR ACCOUNT IS CLOSED, WHETHER VOLUNTARY OR INVOLUNTARY FOR ANY REASON.
3.3  The Company does recognize or support any outside service that may be used for the exchange of any Virtual Items that you may acquire through the use of Our Services, and we provide no guarantee or support to such transactions.
3.4  We are not responsible for and provide no guarantee in the recovery or restoration of any Virtual Items if they are lost and/or deleted by you, or through our Services due to any bug, glitch, or similar error.

4. Payments, Fees, and Charges

4.1  You may from time to time be required to make payments to us or other third parties for certain Virtual Items and the license to use relevant Virtual Items. You are responsible for all such payments and related payment obligations and expenses.
4.2  All such payments are subject to the terms and conditions of the relevant third party payment provider and we bear no responsibility for any transactions processed by, or any payments made to, a third party in connection with your access to Our Services.
4.3  ALL FEES AND CHARGES YOU INCURRED IN PURCHASING VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE. IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS BY YOU TO US FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR VIRTUAL ITEMS (USED OR UNUSED).

5. User Accounts

5.1  In order to use certain features of the Services, you may be required to create an account with us or by linking a pre-existing account with Facebook, Google, Apple, or such other pre-existing third-party accounts we may choose to support in the future (“Account”).
5.2  You agree to provide us with accurate, true, up-to-date, and complete information in connection with your Account. We reserve the right to suspend or terminate your Account and our Services if you fail to comply with these requirements or Terms.
5.3  You acknowledge and agree that you are responsible for all activities that occur on your Account, whether you know about them or not, and to never disclose your Account password to anyone for any reason whatsoever.

6. User Generated Content

6.1   Any communications or materials You transmit or upload to our Services, including but not limited to, data, remarks, questions, feedback, comments, suggestions,  concepts, ideas, graphics, sound, artwork (“User Generated Content” or “UGC”), will be treated as non-confidential and non-proprietary except otherwise described in the Privacy Policy.
6.2  The Company may invite you to participate in blogs, message, boards, contests, sweepstakes, or other functionality and may provide you with the opportunity to publish UGC to the Company via our Services. You agree that You are responsible for whatever UGC you submit and that the content is wholly original and You exclusively own the rights to your UGC.
6.3  You hereby grant the Company and our affiliates unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free license to use your UGC for the purpose of providing, promoting, developing and trying to improve our Services. This license includes granting us the right to host, use, copy, distribute, reproduce, disclose, transmit, publish, modify, translate, adapt, any and all portion of your UGC, for any purpose whatsoever. You further agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any UGC you send to the Company, for any purposes whatsoever. You further perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, persona and likeness included in any UGC and in the connect with any UGC, without obligations to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any UGC you submit, even if such content is altered or changed in a manner not agreeable to you.
6.4  You acknowledge and agree that We, our affiliates or third parties engaged by Us, may monitor and/or moderate your UGC to improve our Services for all users. We reserve the right to remove and permanently delete any UGC from Our Services with or without notice. You further acknowledge that personal information that you communicate through our Services may be seen and used by others, therefore we strongly encourage that you do not disclose any personal information about yourself in your public communication while using our Services.

7. Online Conduct

7.1  You agree that you are personally responsible for all of your online activity in connection with our Services, and that you will indemnify and hold harmless the Company, its licensors, employees, officers from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, UGC and activity. You agree to comply with these Terms, all applicable laws, rules and government regulations, including the use of third party property and any and all intellectual property rights. You agree that in using our Services or any part thereof You will not:

7.1.1  Post, transmit, promote, or distribute illegal content or encourages illegal conduct that would violate a law;
7.1.2  Partake in any behavior that We deem inappropriate and disruptive, or against the tone and nature of Our Services (where UGC or an online community exists);
7.1.3  Harass, threaten, embarrass, abuse, spam, disparage, libel or engage in any unwanted behavior involving another user or Company or affiliate’s employee or agent;
7.1.4  Organize or participate in any activity that is harmful, abusive, offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, making unwanted statements about race, sexual orientation, or religion, political views, or in a reasonable person’s view, objectionable or inappropriate;
7.1.5  Disrupt the flow of chat with vulgar language, abusiveness, hitting the return key repeated, use of excessive shouting, using ALL CAPS in attempt to disturb other users, “spamming” or flooding with repetitive text;
7.1.6  Impersonate any other person, indicate that you are a Company or affiliate employee, or attempt to mislead users by indicating that you represent another person, the Company or any of Company’s licensors or affiliates ;
7.1.7  Use abusive, offensive, or defamatory screen names and/or personas, whether created through our Services or through third parties services such as but not limited to ‘Game Center’, ‘Google’, ‘Facebook’ or ‘Twitter’;
7.1.8  Attempt to get another’s username, password, or other user information , or any other private information from a user;
7.1.9  Engage, promote or encourage in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats, or distribution of counterfeit software and/or virtual items or identity theft;
7.1.10  Upload files or display URLs that contain a virus or corrupted data;
7.1.11  Post messages for any purpose other than personal communication, including but not limited to, advertising, promotional materials, chain letters, “fake news” and propaganda;
7.1.12  Make any commercial use of our Services such as an internet dating service website, use at a cyber cafe or gaming center, or any other location-based site without the express written consent of the Company;
7.1.13  Improperly use in game support or complaint buttons to make false reports to the Company;
7.1.14  Use or distribute “auto” programs (bots), “macro” programs or other “cheat utility” programs or applications;
7.1.15  Interfere with, hack into or decipher any transmission to or from the servers running our Services;
7.1.16  Exploit any bug in any of our Services to gain an unfair advantage in a game. You agree not to communicate the existence of any such bug or exploit (either directly or through public posting) to any other user or third party;
7.1.17  Attempt to use our Services on or through any service that is not controlled or authorized by Us or participate in any online service that provides additional features or components to game play that is not authorized by Us;
7.1.18  Do anything that interferes with another users’ ability to enjoy playing a game and using our services to increase the expense or difficulty of the Company in maintaining the Services for the enjoyment of all its users.
7.1.19  Sell, purchase, gift or exchange Virtual Items or accounts for “real” money;
7.1.20  Intercept, emulate or redirect the communication protocols by Company or its affiliates in any way, including but not limited to, tunneling, packet sniffing, modifying, or use of a utility program or any other techniques now known or hereafter developed, for any purpose.

7.2  We reserve the right to access, monitor, and/or record any online activity within our Services and You hereby grant Us express consent to access and record Your activities.
7.3  Any breach or potential breach of any of the above online conduct shall be determined by Us at Our sole discretion.
IMPORTANT NOTICE: Company employees or affiliates will NEVER ask for your password. DO NOT give your password or other confidential information out to anyone, for any reason. Failure to do so may lead to the suspension or termination of Your access to our Services.

8. Links with Other Sites

For your convenience, the Services may provide links to websites owned and operated by a third party. We are not responsible for the content on any other website linked to or from Our Services. In no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other website, and if You link to another website leaving the Services, you do so entirely at your own risk. We disclaim all warranties, conditions or other terms express or implied as to any such linked website, including, but not limited to, accuracy, ownership, validity or legality of any content of a linked website.

9. Updates

We may from time to time, deploy or provide patches, updates or additional features or functions to the Services that we deem reasonable, beneficial and/or reasonably necessary to You and must be installed for you to continue accessing and using the Services. These Terms shall apply to any and all patches, updates and/or additional features that are not distributed with a separate license or other agreement.

10. Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE AND THE INTERNET ARE AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” TO YOU WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR QUIET ENJOYMENT. THE COMPANY DOES NOT PROVIDE ANY GUARANTEE TO YOUR ABILITY TO ACCESS OUR USE THE SERVICES BASED ON TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE SERVICES. IN NO EVENT WILL WE, OUR LICENSORS OR OUR AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE, SYSTEM FAILURE OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY’S AND COMPANY AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. MOREOVER, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS’, AFFILIATES’, EMPLOYEES’, OR OFFICERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SUBJECT APPLICATION.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES 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.

12. Indemnification

You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees and officers from all claims for liabilities, disputes, demands, losses and expenses, including, without limitation, reasonable legal fees and costs, from third parties arising out of or in any way connected with: (a) Your access to or use of the Services or UGC, (b) your violation of these Terms, Privacy Policy or Additional Terms, (c) use or misuse of the Services. We reserve the right, at our own expensive, exclusive defense and control of any matter otherwise subject to indemnification by You.

13. Governing Law

Use of the Services and these Terms shall be governed by and construed in accordance with Thailand law and you hereby submit to the exclusive jurisdiction of the Courts of Thailand.

14. Complaints & Legal Contact

The Company respects copyright law and takes claims of infringement or violation of rights very seriously. If You believe that any material available in the Services infringes or has violated any rights, including copyrights or trademarks, whether owned by you, or by an owner which you are authorized to act, please email legal@warhammerodyssey.com.