GAME LICENSE. Subject to this EULA and its terms and conditions, Avil Arts hereby grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable, limited license of the right to use one copy of the Game for your personal non-commercial use for gameplay, unless otherwise specified in the Avil Arts’ additional licensing agreements. The rights granted herein are subject to your compliance with this EULA. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned to you and this EULA is not to be construed as a sale of any rights in the Game.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, Avil Arts hereby grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable, limited license of the right to use the Services as provided by Avil Arts, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Game and/or Services and shall ends on the earlier date of either your disposal of the Game and/or Services or upon Avil Arts’ termination of this EULA. Your license shall terminate immediately if you attempt to circumvent any technical protection measures used in connection with the Game and/or Services or if you otherwise use the Game and/or Services in breach of the terms of this EULA.
OWNERSHIP & NO OTHER LICENSES. Avil Arts retains all right, title and interest in and to the Avil Arts Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Avil Arts Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Avil Arts Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Avil Arts. All rights not expressly granted to you herein are reserved by Avil Arts.
By installing, accessing or using the Avil Arts Games and Services, you consent to these information collection and usage terms.
Third Party Ad-Serving Technology
The Game may include third party in-game advertising technology which enables tailored advertising to be temporarily uploaded into the gaming unit and replaced while you are online or offline.
When you use the Game, we or third parties operating the advertisement serving technology may use demographic or other information collected directly from you and/or from third parties such as age and gender as well as information logged and/or collected from your computer (or gaming unit) using cookies, web beacons and other technologies to ensure that appropriate advertising is presented within the Game and to calculate the number of unique and repeat views of advertising. This technology also controls the number of times you see a given ad, delivers ads that relate to your interests and measures the effectiveness of ad campaigns.
Logged and/or collected data may include (but is not limited to) IP address, unique device (computer or gaming unit) I.D., browser identifiers, session information, browser cookies, device (computer or gaming unit) make and model, carrier provider, carrier user ID, geo-location information, sites visited, clicks on advertisements, advertisement(s) served, in game location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), game play information, general online and Game-specific usage data and metrics as well as angle of view.
Game Account and license
Some Avil Arts games requires you to create and register an game account, after downloading and launching our client software. We grant valid account holders a non-exclusive, personal, limited license, which can be revoked at any time, to download and use our game client and to connect to our servers solely to use Avil Arts Games in accordance with these terms and conditions. The Avil Arts Games and any associated software are licensed, not sold. Your license confers no title or ownership to the Avil Arts game.
You must not choose a username that is abusive, offensive, racist, obscene, hurtful, or infringes the rights of any third party. We reserve the right to make such assessment in our sole discretion, change or bane remove username/accounts for any reason or take other action as we see appropriate.
You agree to keep your password safe at all times and you are responsible for the activities of all persons who use your password to gain access to your account. Avil Arts staff will not ask for your password under any circumstances. If you believe that your account has been stolen, you should submit an Account Recovery request via the Avil Arts Game to reset your recovery Ping code.
You must comply with the current version of any rules, guidelines, codes of conduct or instructions specified in any Avil Arts Game or Service including our game rules. Any use of a Avil Arts Game or Service not in accordance with the game rules exceeds the scope of the license granted by these terms and conditions and is prohibited.
If, acting reasonably, we consider that:
- our Terms and Conditions have or may have been breached;
- there has been fraudulent, unlawful or abusive activity; or
- it is necessary in order to prevent or stop any harm or damage to us, to any Avil Arts Games & Services, to other players or the public, we may at any time: (i) Stop (as defined above) any or all accounts for Avil Arts Games; (ii) restrict access to any content-uploading or other feature of our service; and/or (iii) restrict access to or delete virtual currency or anything acquired by means of virtual currency. These actions may result in loss of real money paid in prohibited transactions.
We do not guarantee the ongoing supply of any Avil Arts Game or Service. Upon reasonable notice, Avil Arts may deactivate any account and you acknowledge and agree that you are not entitled to any refund for any amounts paid in connection with the account.
Functioning of Avil Arts Games and Services
We will use reasonable endeavors to maintain operation of our games and services and resolve faults. We may have to suspend operation of a our Game and Services without notice for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension of service is as short as possible. We cannot accept responsibility for such suspensions or for any interruption or error caused by circumstances outside our control.
We cannot guarantee that Avil Arts Games and Services will work with any particular devices or in conjunction with any particular software or connectivity services. We do not accept responsibility for disruption of service caused by device compatibility issues.
We also cannot guarantee the ongoing supply of any particular Avil Arts Games and Services. At any time with reasonable notice, Avil Arts may suspend the part or full features of any Game or Service.
Virtual Currencies, In-Game Purchases and virtual items
In some Avil Arts Games and Services, we offer Virtual Currencies and/or in-game items that can be purchases with real currency. PLEASE TAKE NOTE that Virtual Currencies and Micro-Game Credits are subject to very important restrictions:
Virtual Currency and Micro-Game Credits may expire if they have not been redeemed within a certain period after acquisition, so you should redeem it as soon as possible. The expiry period is whatever we specify when you acquire the Virtual Currency or Micro-Game Credits or, if we haven’t specified a time limit, twelve months from acquisition.
Unless we say otherwise on our website, Virtual Currency and Micro-Game Credits can only be redeemed withinthe game where you acquired them. Each Avil Arts game may contain one or more Virtual Currencies or Micro-Transactions and unless otherwise stated, each Virtual Currency or Micro-Game Credit is independent and is not exchangeable for any other Virtual Currency or Micro-Transations in the same Avil Arts Product. We may at any time change or remove any Item which can be purchased using Virtual Currency or Micro-Transactions, as well as change the amount of Virtual Currency or Micro-Transactions needed to acquire a particular Item. You may only redeem Virtual Currency or Micro-Transactions for Items on offer at the time of redemption.
Virtual Currency and In-game-items do not have any inherent value and are not your own private property. When you purchase or receive Virtual Currency or in-game-items, you do not own the Virtual Currency or in-game-items. Instead they constitute a measurement of the extent of your license in an Avil Arts Game. Similarly, any Virtual Currency or In-game-tem balance shown in your account does not constitute a real world balance or reflect any stored monetary value.
You can only use Virtual Currency or In-game-item to acquire those Items which we decide in our discretion to offer in return for Virtual Currency or In-game-item. We do not provide any cash or refunds for Virtual Currency or In-game-items. Virtual Currency or In-game-item are for your personal use only. We may impose additional restrictions concerning the acquisition or redemption of Virtual Currency or In-game-items. For example we may cap the amount of Virtual Currency or Micro-Game Credits which can be acquired or held or redeemed in any particular period or we may impose restrictions.
For the avoidance of doubt, Virtual Currency or In-game-items have no cash value, do not accrue interest and, unless otherwise required by law, are not redeemable or refundable for any sum of money or monetary value from Avil Arts at any time.
Avil Ars reserves the right to restrict access to, delete, reduce or liquidate Virtual Currency or Micro-Game Credits: (1) if you have misused the Virtual Currency or In-game-items or breached any of these terms and conditions; (2) if the Virtual Currency or Micro-Game Credits were awarded in error; (3) if a payment for Virtual Currency or In-game-item is charged back or otherwise cancelled or reversed; or (4) if you have used Virtual Currency or Micro-Game Credits to conduct any fraudulent or illegal activity.
Avil Arts reserves the right to restrict access to or delete virtual Items: (1) if you have misused the Items or breached any of these terms and conditions; (2) if the Items were purchased using Virtual Currency or In-game-items awarded in error; or (3) if a payment for Virtual Currency or In-game-items used to purchase the Items is charged back or otherwise cancelled or reversed.
We may at any time decide to end in part or its entirety the Virtual Currency or In-game-items and Micro-transactions program for all or any of our Avil Arts Games & Services. Before we delete the unused Virtual Currency or Micro-Game Credits, we will endeavour to contact you to give at least four weeks to redeem them.
All refund requests must be made to the store where is downloaded from. Avil Arts has no control of refunds for games purchased in the any third party stores including but not limited to iOS Appstore, Googleplay, Amazon Appstore, 91. However we are happy to review requests for refunds for game clients downloaded and hosted directly on our server on a case by case basis. However refunds are not always possible for many reasons.
Unless required by law, we will not refund any amounts paid in relation to direct game purchase, subscriptions, virtual items or virtual currency when:
- You have been the victim of hacking and scamming.
- You have been banned from an Avil Arts Game or Service for violating our terms and conditions and any associated content & in-game policy.
- Avil Arts stops offering the Game and Service or you decide to stop playing your account.
If you wish to request that we consider a refund, then please contact either the store or us. Please note again, refunds for Games downloaded from third party stores are given at the discretion of the store.
LIMITATION OF LIABILITY
IN NO EVENT WILL Avil Arts, Avil Arts’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE Avil Arts SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE GAME OR SERVICE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT Avil Arts, Avil Arts’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 5, Avil Arts’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.