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VIV’S FINAL DAY OFF LTD: TERMS OF SERVICE
QUICK SUMMARY:
These Terms are legally binding on you when you download or access our services (such as our game, Wanted: Dead). Everything in the Terms is important and should be read by you, but we particularly draw your attention to:
- Section 4 (which sets out our liability to you) and Section 5 (which sets out what happens in a dispute).
- There are a number of rules set out in Section 2 – if you breach these, we may stop you accessing our services.
- We may need to amend these Terms and our services in certain situations (e.g. to make technical improvements).
If you’ve got any queries or concerns about these Terms, please email us at info@vivsfinaldayoff.com.
1. ABOUT VIV’S FINAL DAY OFF LTD AND THESE TERMS
1.1 What is this document?
We are Viv’s Final Day Off Ltd, registered in Cyprus (also known as “Viv’s” – we may also refer to ourselves as “we” in these Terms). These Terms are a legally binding contract between you and Viv’s.
1.2 What do these Terms apply to?
These Terms cover all of our services – including our websites (for example, https://www.wanteddeadgame.com/), our game (Wanted: Dead), our customer support, and social media (collectively, the “Viv’s Services”).
1.3 Are there any age restrictions?
You must be at least 18 years old to use the Viv’s Services.
1.4 Will Viv’s make changes to these Terms or its Services?
We may make changes to the Viv’s Services and/or these Terms for various reasons – such as to reflect changes in applicable laws or regulatory requirements and/or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices, change functionality, add content, or fix bugs). If we make minor changes, these should not impact your use of the Viv’s Services. If we make more significant changes, then we will notify you reasonably in advance. Changes will come into effect either as soon as they go live (in the case of non-significant changes) or following expiry of the notice period (if they are significant). If you do not agree to any significant changes, you may not continue to access the Viv’s Services and, where appropriate, you may be eligible for a full or partial refund – please contact us to discuss. For any altered, additional, or modified Viv’s Services, these Terms will apply. We reserve the right to provide any altered, additional, or modified Viv’s Services to you but are not obliged to do so.
1.5 Any questions?
If you have any questions about these Terms, please email us at info@vivsfinaldayoff.com.
2. USE OF THE VIV’S SERVICES
2.1 General Rules
We ask you to follow a few simple rules if you access the Viv’s Services. Please read them carefully, as failure to follow them will be considered a breach of these Terms, which could lead to suspension or cancellation of your access to the Viv’s Services (including Wanted: Dead).
2.2 Personal Enjoyment
Only use the Viv’s Services for your personal enjoyment, and not for any commercial, marketing, or political purpose.
2.3 Infringing Content
Do not do anything in connection with the Viv’s Services that infringes copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property rights, including infringing our intellectual property.
2.4 Restricted Access
Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish, or publicly display the Viv’s Services or any of your rights under these Terms to anyone else unless expressly permitted under these Terms.
2.5 Misuse
Do not hack, harm, modify, merge, distribute, translate, reverse engineer, attempt to obtain or use source code of, decompile, or disassemble the Viv’s Services (unless you are allowed to under your local laws), or any platform, network, or server it runs on.
2.6 Conduct
Do not do or say anything that is or may be considered threatening, harassing, racist, sexist, discriminatory, abusive, defamatory, or otherwise offensive or illegal. We reserve the right to monitor the content of the Viv’s Services and any user-generated content.
3. LICENCE AND INTELLECTUAL PROPERTY
3.1 Ownership
The Viv’s Services, including (but not limited to) their visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data, and all other content, with all intellectual property and exploitation rights in them, are either owned by Viv’s or licensed from third parties. All rights in the Viv’s Services are reserved except as explained in these Terms. No ownership right, interest, or other rights in the Viv’s Services or any part of them are transferred to you. We grant you a personal, limited, terminable, non-exclusive, non-transferable licence to access, display, view, and use the Viv’s Services on authorised devices and platforms (subject to you abiding by these Terms).
3.2 User-Generated Content
On some Viv’s Services you may be able to create and post user-generated content. By posting any user-generated content on the Viv’s Services you are giving us permission to use it. Legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate, and publicly display or perform your user-generated content in connection with the Viv’s Services. If you do not agree to this, please do not post any user-generated content.
3.3 Third-Party Content and Services
We are not responsible for any third-party content on the Viv’s Services (e.g. links to third-party sites on our social media) or third-party services from which you access the Viv’s Services (e.g. Steam).
3.4 Refunds and Withdrawals
If you are resident in the United Kingdom or the European Union, by law you have the right to withdraw from a digital content purchase of the Viv’s Services within 14 days of your purchase, without giving a reason. However, when you make a purchase, the relevant platform will obtain your consent to the immediate supply of the Viv’s Services and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means you lose your right of withdrawal as soon as you access that Viv’s Service (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Viv’s Services which are in breach of our statutory obligations (e.g. not fit for purpose or not as described). If you are resident elsewhere in the world (including the United States): all purchases are final and no refunds will be made or returns accepted, except where you have a legal entitlement to this.
4. OUR RESPONSIBILITY AND LIABILITY TO YOU
4.1 When We Are Liable
There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
- Where it would be unlawful to exclude or limit our liability, including:
- Death or personal injury caused by our negligence (or that of our employees, agents, or subcontractors).
- Breach of your legal rights.
- Fraud or fraudulent misrepresentation.
- For defective products.
4.2 Personal Losses
We only supply the Viv’s Services for domestic and private use. If you use the Viv’s Services for any commercial, business, or resale purposes, we will have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
4.3 Limitation of Liability
Subject to 4.1 above:
- The total liability of Viv’s (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability.
- The Viv’s Services are provided on an “as is” basis, and we make no specific warranty or representation in relation to their quality, completeness, or accuracy.
5. GOVERNING LAW AND DISPUTE RESOLUTION
5.1 Governing Law
You and we agree that your use of the Viv’s Services and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of England, and any dispute regarding them will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the laws of your country of residence.
5.2 Dispute Resolution
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against Viv’s, you should send it to info@vivsfinaldayoff.com.
6. TERMINATION
6.1 Your Right to Terminate
You can terminate these Terms at any time by permanently stopping use of the Viv’s Services, including by uninstalling our game(s) from your devices. Termination will not affect already existing rights or obligations of either us or you.
6.2 Our Right to Suspend or Terminate
In the unlikely event we suspend or permanently discontinue any of the Viv’s Services, we will notify you in advance and, where appropriate, you may be eligible for a partial or full refund. We may also suspend or terminate (temporarily or permanently) your access to the Viv’s Services if you breach these Terms, including the rules set out in Section 2. If we do this, we will not have any obligations or liabilities to you at all, but we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result.
7. OTHER LEGAL MATTERS
7.1 Assignment and Transfer
We can assign, subcontract, or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).
7.2 Relationship
These Terms govern our relationship with you (and vice versa). They do not create rights for anyone else, nor do they create any exclusive relationship between us, nor any partnership, joint venture, employment, or agency.
7.3 Severability
If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.
QUICK SUMMARY:
These Terms are legally binding on you when you download or access our services (such as our game, Wanted: Dead). Everything in the Terms is important and should be read by you, but we particularly draw your attention to:
- Section 4 (which sets out our liability to you) and Section 5 (which sets out what happens in a dispute).
- There are a number of rules set out in Section 2 – if you breach these, we may stop you accessing our services.
- We may need to amend these Terms and our services in certain situations (e.g. to make technical improvements).
If you’ve got any queries or concerns about these Terms, please email us at info@vivsfinaldayoff.com.
1. ABOUT VIV’S FINAL DAY OFF LTD AND THESE TERMS
1.1 What is this document?
We are Viv’s Final Day Off Ltd, registered in Cyprus (also known as “Viv’s” – we may also refer to ourselves as “we” in these Terms). These Terms are a legally binding contract between you and Viv’s.
1.2 What do these Terms apply to?
These Terms cover all of our services – including our websites (for example, https://www.wanteddeadgame.com/), our game (Wanted: Dead), our customer support, and social media (collectively, the “Viv’s Services”).
1.3 Are there any age restrictions?
You must be at least 18 years old to use the Viv’s Services.
1.4 Will Viv’s make changes to these Terms or its Services?
We may make changes to the Viv’s Services and/or these Terms for various reasons – such as to reflect changes in applicable laws or regulatory requirements and/or to implement technical changes or improvements (e.g. to address a security issue or changes in our business practices, change functionality, add content, or fix bugs). If we make minor changes, these should not impact your use of the Viv’s Services. If we make more significant changes, then we will notify you reasonably in advance. Changes will come into effect either as soon as they go live (in the case of non-significant changes) or following expiry of the notice period (if they are significant). If you do not agree to any significant changes, you may not continue to access the Viv’s Services and, where appropriate, you may be eligible for a full or partial refund – please contact us to discuss. For any altered, additional, or modified Viv’s Services, these Terms will apply. We reserve the right to provide any altered, additional, or modified Viv’s Services to you but are not obliged to do so.
1.5 Any questions?
If you have any questions about these Terms, please email us at info@vivsfinaldayoff.com.
2. USE OF THE VIV’S SERVICES
2.1 General Rules
We ask you to follow a few simple rules if you access the Viv’s Services. Please read them carefully, as failure to follow them will be considered a breach of these Terms, which could lead to suspension or cancellation of your access to the Viv’s Services (including Wanted: Dead).
2.2 Personal Enjoyment
Only use the Viv’s Services for your personal enjoyment, and not for any commercial, marketing, or political purpose.
2.3 Infringing Content
Do not do anything in connection with the Viv’s Services that infringes copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual property rights, including infringing our intellectual property.
2.4 Restricted Access
Do not attempt to copy, rent, sell, lend, lease, sub-license, distribute, publish, or publicly display the Viv’s Services or any of your rights under these Terms to anyone else unless expressly permitted under these Terms.
2.5 Misuse
Do not hack, harm, modify, merge, distribute, translate, reverse engineer, attempt to obtain or use source code of, decompile, or disassemble the Viv’s Services (unless you are allowed to under your local laws), or any platform, network, or server it runs on.
2.6 Conduct
Do not do or say anything that is or may be considered threatening, harassing, racist, sexist, discriminatory, abusive, defamatory, or otherwise offensive or illegal. We reserve the right to monitor the content of the Viv’s Services and any user-generated content.
3. LICENCE AND INTELLECTUAL PROPERTY
3.1 Ownership
The Viv’s Services, including (but not limited to) their visual components, user interface, graphics, audio, video, text, layout, computer code, databases, data, and all other content, with all intellectual property and exploitation rights in them, are either owned by Viv’s or licensed from third parties. All rights in the Viv’s Services are reserved except as explained in these Terms. No ownership right, interest, or other rights in the Viv’s Services or any part of them are transferred to you. We grant you a personal, limited, terminable, non-exclusive, non-transferable licence to access, display, view, and use the Viv’s Services on authorised devices and platforms (subject to you abiding by these Terms).
3.2 User-Generated Content
On some Viv’s Services you may be able to create and post user-generated content. By posting any user-generated content on the Viv’s Services you are giving us permission to use it. Legally, you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate, and publicly display or perform your user-generated content in connection with the Viv’s Services. If you do not agree to this, please do not post any user-generated content.
3.3 Third-Party Content and Services
We are not responsible for any third-party content on the Viv’s Services (e.g. links to third-party sites on our social media) or third-party services from which you access the Viv’s Services (e.g. Steam).
3.4 Refunds and Withdrawals
If you are resident in the United Kingdom or the European Union, by law you have the right to withdraw from a digital content purchase of the Viv’s Services within 14 days of your purchase, without giving a reason. However, when you make a purchase, the relevant platform will obtain your consent to the immediate supply of the Viv’s Services and your acknowledgement that you will lose your withdrawal right as soon as that supply begins. This means you lose your right of withdrawal as soon as you access that Viv’s Service (which is typically straight away). You may also have statutory refund (and other) rights if we supply you Viv’s Services which are in breach of our statutory obligations (e.g. not fit for purpose or not as described). If you are resident elsewhere in the world (including the United States): all purchases are final and no refunds will be made or returns accepted, except where you have a legal entitlement to this.
4. OUR RESPONSIBILITY AND LIABILITY TO YOU
4.1 When We Are Liable
There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
- Where it would be unlawful to exclude or limit our liability, including:
- Death or personal injury caused by our negligence (or that of our employees, agents, or subcontractors).
- Breach of your legal rights.
- Fraud or fraudulent misrepresentation.
- For defective products.
4.2 Personal Losses
We only supply the Viv’s Services for domestic and private use. If you use the Viv’s Services for any commercial, business, or resale purposes, we will have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity.
4.3 Limitation of Liability
Subject to 4.1 above:
- The total liability of Viv’s (and its group companies) arising out of or in connection with these Terms will not exceed the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability.
- The Viv’s Services are provided on an “as is” basis, and we make no specific warranty or representation in relation to their quality, completeness, or accuracy.
5. GOVERNING LAW AND DISPUTE RESOLUTION
5.1 Governing Law
You and we agree that your use of the Viv’s Services and these Terms (and any issues arising out of them) will be governed by and interpreted in accordance with the laws of England, and any dispute regarding them will be under the jurisdiction of the courts of England. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the laws of your country of residence.
5.2 Dispute Resolution
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against Viv’s, you should send it to info@vivsfinaldayoff.com.
6. TERMINATION
6.1 Your Right to Terminate
You can terminate these Terms at any time by permanently stopping use of the Viv’s Services, including by uninstalling our game(s) from your devices. Termination will not affect already existing rights or obligations of either us or you.
6.2 Our Right to Suspend or Terminate
In the unlikely event we suspend or permanently discontinue any of the Viv’s Services, we will notify you in advance and, where appropriate, you may be eligible for a partial or full refund. We may also suspend or terminate (temporarily or permanently) your access to the Viv’s Services if you breach these Terms, including the rules set out in Section 2. If we do this, we will not have any obligations or liabilities to you at all, but we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result.
7. OTHER LEGAL MATTERS
7.1 Assignment and Transfer
We can assign, subcontract, or transfer these Terms to a third party or another member of our group (as part of any reorganisation or merger or for other business reasons), provided that this does not affect your legal rights (or with your consent).
7.2 Relationship
These Terms govern our relationship with you (and vice versa). They do not create rights for anyone else, nor do they create any exclusive relationship between us, nor any partnership, joint venture, employment, or agency.
7.3 Severability
If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it.