Terms of Use
Effective Date: 1st June
2021
These Terms of Service (the
“Terms”) govern the relationship between you and Vintage Cam (Vintage
Cam, “our”, “we” or “us”) relating in any way to your use of our
Services.“Services” means our mobile applications (each a “Game”, collectively
“Games”), and any related services and content.
1. Agreement to Terms
By playing Vintage Cam (each, an “App”
and collectively, the “App” and together with the Sites, the “Platform”),
visiting any related site (each, a “Site” and collectively, the “Site”),
using at third party platforms ( “3rd Party Platform Games”) you agree
to be bound by these Terms. If you don’t agree to these Terms, do not use the
Services.
If you download the App
through an online store such as Google Play Store, Apple App Store, etc. (“Online
Store”), please review their terms and conditions.
2. Changes to Terms or
Services
We may modify the Terms at
any time, in our sole discretion. If we do so, we’ll let you know either by
posting the modified Terms on the Site or through other communications via the
Services. It’s important that you review the Terms whenever we modify them
because if you continue to use the Services after we have posted modified Terms
on the Site or via the Services, you are indicating to us that you agree to be
bound by the modified Terms. If you don’t agree to be bound by the modified
Terms, then you may not use the Site or the Services anymore. Because our
Services are evolving over time we may change or discontinue all or any part of
the Services, at any time and without notice, at our sole discretion.
3. Requirements To Use
By installing, accessing or
using our Services you confirm that you are at least 16 years of age and have a
full legal capacity to enter into this agreement. In case you are between 16
and 18 years of age, you hereby confirm, that your parent, or a legal guardian,
or other representative under the applicable law has reviewed and agrees to the
Terms and allows you to access and/or use our Services.
We also reserve the right,
in our sole discretion and at any time, to discontinue or modify our Services
or any part thereof or remove or edit Content (as defined below), without prior
notice either permanently or temporarily, at which point your right to use
those Services or any part thereof will be automatically terminated or
suspended.
The transmission of
information over wireless and wired networks is not inherently secure. We use
many tools to help to protect your personal data against unauthorized access or
disclosure, however, we may not guarantee that your personal data or private
communications will always remain private when using our Services. You accept
all responsibility for such security risks and any damage that may result
therefrom. It is also your sole responsibility to use all reasonable and
recommended measures (such as complex passwords, etc.) in order to secure your
device from any unauthorized access.
U.S. GOVERNMENT RESTRICTED
RIGHTS: Our Services have been developed entirely at private expense and are
provided as “Commercial Computer Software” or “restricted computer software”.
Any use, duplication or disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in
DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the
Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as
applicable.
Any download of our Apps
and use of our Services shall be in compliance with all relevant international,
U.N., USA or EU sales, export or import restrictions and regulations and you
agree to comply with them. You represent and warrant that you are not located
in a country that is subject to U.S. Government embargo, or that has been designated
by the U.S. Government as a „terrorist supporting” country; and that you are
not listed in any U.S. Government or EU sanction list of prohibited or
restricted parties and you comply with relevant U.N. and EU sanctions and
embargos.
4. Purchases in the
Services
When you purchase the Apps
from the Online Store, including subscriptions and in-app purchases, the
payment for such purchases may be processed either by third parties on our
behalf, or directly by the owner of the Online Store. When purchasing the Apps,
including subscriptions and in-app purchases, you agree that the digital
content will be available to you immediately, and acknowledge that you will
lose your rights to the 14 days cancellation period and refunds available for
EU and EEA residents. If you download the Apps from the Online Store owner,
before effecting the purchase from the Online Store, please also review and
accept the terms and conditions of the Online Store owner with regard to your
rights to cancel orders and get related refunds.
Some of our Services may be
available on a subscription basis. Subscriptions may be weekly, monthly,
tri-monthly, semi-annual, annual, or seasonal. Payments for such subscriptions
would be charged at your account at the confirmation of the purchase. They may
be processed by third parties acting on our behalf, or by the Online Store
owner. Subscription will automatically renew for the same price and duration
period as the original subscription package chosen by you, unless you turn off
the auto-renew: (i) in case of an Apple App Store, at least 24-hours before the
end of the current subscription period, or (ii) in case of Google Play Store,
at any time before the end of the subscription period. Your account will be
charged for renewal within 24-hours prior to the end of the current
subscription period (Apple App Store), or at the end of the subscription period
(Google Play Store) at the cost of the chosen package. You may manage
subscriptions and turn off auto-renewal by going to the user's account settings
after the purchase. You can cancel the subscription at any time and the
cancellation will take effect after the end of the last day of that
subscription period. Certain of our subscription services may be offered on a
free trial basis for a certain period of time. You may cancel a subscription
during its free trial period via the subscription setting through your account.
This must be done 24 hours before the end of the free trial subscription period
(Apple App Store), or at any time before the end of the free trial subscription
period (Google Play Store), otherwise it will be renewed as a paid
subscription.
5. Ownership and License
Our Services are comprised
of works and intellectual property owned by Vintage Cam and/or its licensors,
including, without limitation, games, artwork, graphics, images, screen shots,
text, sound, music, digitally downloadable files, trademarks, logos, product
and character names, slogans, and the compilation of the foregoing (“Content”).
Under the Terms, we grant
you a non-exclusive, personal, limited, revocable and non-transferable license
to use our Services, provided you agree to comply with the Terms. The Content
in our Services are for gaming services and for your non-commercial enjoyment
and entertainment. Any other use, including modification, reproduction,
uploading, posting, transmission, or distribution, sale, rent, lease, display,
performance, broadcast, sublicense, assignment or other making available of any
rights to the Content or any portions thereof to third parties in any form or
by any means without our prior written permission, is strictly prohibited.
You may not remove any
proprietary notices or labels on the Content or use the Content in any unlawful
or infringing manner. Any bypass, modification, defeat or circumvention of the
Digital Rights Management solution (“DRM”) used for protection of the Content
is strictly prohibited.
You are not granted any
other right, title or interest in our Services or any Content except as
expressly provided herein. All other rights are reserved.
Notwithstanding the Terms,
the open source software is licensed to you subject to the terms and conditions
of the respective software license agreements accompanying such open source
software.
IF YOU HAVE BEEN FOUND IN
VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY
TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCESS TO SERVICES OR ANY PORTION
THEREOF. IF THIS HAPPENS, Vintage Cam IS NOT REQUIRED TO COMPENSATE YOU FOR ANY
LOSSES OR RESULTS. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF CRIMINAL
AND CIVIL LAWS, INCLUDING X-FLOW’S INTELLECTUAL PROPERTY RIGHTS.
6. Users Generated Content
On certain areas of our
Platform or otherwise, you may be able to chat with other users, and submit
texts, files, images, photos, videos, sounds, musical works, works of
authorship, text postings and other materials and content (“User Generated
Content” or “UGC”). Your posting of UGC is subject to the Terms and
the following posting rules (“Posting Rules”):
A. You agree that your UGC is:
B. Responsibility of Postings. You understand and
acknowledge that UGC is solely your responsibility, and that Vintage Cam is not
responsible for the information, data, text or other materials that may appear
in UGC. Opinions expressed in UGC do not necessarily reflect the opinions of
Vintage Cam. UGC is not necessarily reviewed by Vintage Cam prior to posting
and Vintage Cam makes no warranties, express or implied, as to the UGC or to
the accuracy and reliability of the UGC.
C. No Monitoring/Violation Notices. You acknowledge that
Vintage Cam does not necessarily monitor any materials posted, transmitted, or
communicated to or within the Platform. Notwithstanding the foregoing, you
further agree that Vintage Cam and its designees will have the right (but not
the obligation) in their sole discretion to refuse, edit, move, or remove any
UGC that is available via the Platform.
YOU UNDERSTAND AND AGREE
THAT Vintage Cam MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF Vintage
Cam DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE
LAW, OR FOR ANY OTHER REASON. Vintage Cam ASSUMES NO LIABILITY FOR ANY INFORMATION
REMOVED FROM OUR PLATFORM AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS
TO SERVICES.
7. Ownership and License of
UGC
After posting your UGC to
the Platform, you continue to retain all ownership rights in such UGC, and you
continue to have the right to use your UGC in any way you choose, subject to
the Terms and the license described herein (“UGC License”).
A. Scope of License. By displaying, publishing,
or otherwise posting any UGC on or through the Platform, you hereby grant to
Vintage Cam the non-exclusive, irrevocable, worldwide, royalty free license to
edit, adapt, publish, reproduce, distribute, publicly display and use your UGC
and any derivative works we may create from it, in any and all media (whether
it exists now or in the future), for any purpose, in perpetuity, without any
payment to you.
B. Representations. You represent and warrant
that: (i) you solely own the UGC displayed, published or posted by you on the
Platform or otherwise have the right to grant the license set forth herein, and
(ii) the displaying, publishing or posting of your UGC does not violate
infringe on the rights of any third party, including any copyright, trademark,
patent, trade secret or other intellectual property right, or the privacy
rights, publicity rights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing any person
by reason of any UGC displayed, published or posted by you to the Platform.
Except for your UGC, you may not edit, adapt, publish, reproduce, distribute,
publicly display and use any UGC appearing on this Platform.
8. Copyright
If you believe that your
intellectual property rights have been infringed, you may contact us by
emailing the following information to contact@pinsotech.com: (a) a description of the
intellectual property rights and an explanation as to how they have been
infringed; (b) a description of where the infringing material is located; (c)
your address and email address; (d) a statement by you, made under penalty of
perjury, that (i) you have a good-faith belief that the disputed use of material
in which you own intellectual property rights is not authorized, and (ii) the
information that you are providing is accurate, correct, and that you are the
owner of the intellectual property right, or authorized to act on behalf of the
owner of the intellectual property right that is allegedly infringed; and (e) a
physical or electronic signature of the person authorized to act on behalf of
the owner of the intellectual property right that has allegedly been infringed.
9. Links to Third Parties
Our Services may feature
advertisements from third party companies. Please review our Privacy Policy which explains what information we share
with advertisers. We are not responsible for the availability of such websites
or resources of the third parties, and we are not responsible or liable for any
content, advertising, or services they provide.
Any content, advertising or
services by such third party are provided following the terms of services and
privacy policies to be found on the website of the respective third party and,
where applicable, you must familiarize yourself and accept the terms of
services and privacy policies of such third party before using their services.
Any separate charges or obligations you incur in your dealings with these third
parties are your responsibility. Vintage Cam is not liable for any claim
relating to any content, goods or services of third parties.
10. Indemnification
TO THE MAXIMUM EXTENT
PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD
Vintage Cam, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS,
COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS,
SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR
USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE
TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL
PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.
11. Warranty Disclaimer
THE SERVICES ARE PROVIDED
ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU
USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED
BY THE APPLICABLE LAW, Vintage Cam, ON BEHALF OF ITSELF AND ANY OF ITS
AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE
ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY,
QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION,
Vintage Cam MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL
MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED,
TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT
PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR
DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR
DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES
BECAUSE OF USE OF ANY CONTENT.
12. Limitations of
Liability
UNDER NO CIRCUMSTANCES WILL
Vintage Cam OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR
LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR
PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET
ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT,
INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR
AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR
RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE
AMOUNTS ACTUALLY PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE
TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES
AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED
IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13. Waiver of Our rights
Our failure to exercise or
enforce any of our rights under the Terms does not waive our right to enforce
such right. Any waiver of such rights shall only be effective if it is in
writing and signed by us.
14. Terms, Termination and
Survival
A. Term. The term of this agreement commences on the
date you first indicate your acceptance of the Terms and will continue in
effect until otherwise terminated in accordance with the Terms.
B. Termination by you. You may cease use of the
Platform at any time. Your cessation of use of any service or request that
access to the Platform be terminated, will not entitle you to any refund,
including of any fees. In addition, you are responsible for any charges
incurred to third-party vendors or content providers before your cancellation.
C. Termination by Vintage Cam. Vintage Cam may terminate
or suspend, withdraw, restrict or remove all or any part of our Services at any
time in the event that (i) Vintage Cam ceases providing such services to
similarly situated users generally for business or operational reasons, or (ii)
you breach any terms of this agreement (including the Privacy Policy or Posting Rules).
D. Survival of Terms. All provisions of the
Terms with regard to privacy, intellectual property rights, warranty
disclaimer, limitations of liability, indemnification, governing law,
severability, waiver of our rights and dispute resolution will survive the
termination.
15. Governing Law
The provisions of the Terms
shall be governed by and construed in accordance with the laws of the Hong
Kong.
16. Dispute Resolution
Most concerns can be solved
quickly by contacting us at contact@pinsotech.com
In the unlikely event that
we cannot solve your concern and you wish to bring legal action against us,
then that dispute will be subject to the jurisdiction of the courts of the Hong
Kong.
17. Force Majeure
Neither you nor we will be
liable for any failure to perform any obligation under the Terms or to provide
access to Services of that failure is caused by the happening of any unforeseen
event beyond your or our reasonable control, including without limitation, war,
terrorism, riots, embargoes, Internet outages, network infrastructure failures,
natural disasters, fire, flood or act of God.
18. Miscellaneous Terms
A. Entire Agreement. The Terms (including the Privacy Policy and Cookie Policy) constitutes the entire agreement between you
and Vintage Cam regarding the use of our Services and supersedes all prior
understandings.
B. Assignment. We can assign, subcontract or transfer the
Terms to a third party or an affiliate of Vintage Cam if necessary for the
support of our Services, as part of any reorganization, change of control, or
for any other business reasons. You may not assign or transfer your rights or
obligations under the Terms to anyone without first obtaining our written
consent. Any attempt to assign without our consent is void.
C. No Beneficiaries. The Terms governs the
relationship between you and us and does not create any rights for anyone else.
Notwithstanding the foregoing, in the event of a valid assignment or transfer,
the Terms shall be binding on and inure to the benefit of the relevant party’s
representatives, successors, and permitted assigns.
D. No Right to Obligate the Other. The Terms does not create
a partnership, joint venture or similar relationship between the parties, and
neither party will have the power to obligate the other party in any manner
whatsoever.
E. Notice for Apple Device users. In case you download,
install or access the Apps through your Apple device, you specifically
acknowledge and agree that the following additional terms shall apply (in case
of conflict between these additional terms in this section and other terms of
this agreement the terms of this section shall prevail):
F. Contact Information. You can contact us at contact@pinsotech.com