BIG VIKING GAMES INC. TERMS OF SERVICE
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Big Viking Games Inc. (hereinafter “Big Viking Games” or “Us” or “We”) regarding your use of Big Viking Games’ social games and related services, which include applications for mobile devices and Big Viking Games branded websites: yoworld.com, fishworldgame.com, bigvikinggames.com and any future websites created by Big Viking Games (the “Service”). In this agreement, “Big Viking Games” means Big Viking Games Inc. located at 285 King Street, London, ON N6B 3M6. “Big Viking Games” includes subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Big Viking Games policies, such as the Forum Rules, App Rules or Social Network Rules, Big Viking Games grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations set out herein to access and use the Service using a Big Viking Games supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, gems or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Big Viking Games game card. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
Accessing the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are solely responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
Use of the Service
The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13;
- You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors;
- You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- You shall not create an Account or use the Service if you are a convicted sex offender or have been convicted of any crime involving minors;
- You shall not have an Account or use the Service if you have previously been removed by Big Viking Games or previously been banned from playing any Big Viking Games game;
- You shall not use the Service if you are located in a country embargoed by Canada or the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
- You shall use your Account only for non-commercial purposes;
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- You shall not use your Account to engage in any illegal conduct;
- You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without Big Viking Games’ written permission;
- You shall not access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Big Viking Games’ permission; and
- If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
You understand that on certain Big Viking Games websites your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Big Viking Games may send periodic communications to emails used to sign up, for website or game announcements, important changes, events, offers or any other information. You can always opt out of these communications at any time.
Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
- You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Big Viking Games and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
- You are responsible for anything that happens through your Account.
Big Viking Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
In game Currency Purchases
You may purchase virtual, in-game currency in exchange for “real money.” This is a transaction between you and Facebook/Xsolla and Big Viking Games is not a party. If you purchase virtual currency or virtual items, you are agreeing to Facebook’s or Xsolla’s (our payment providers) terms relating to payments. Buying or using virtual items does not give you intellectual property ownership of those virtual items and cannot be used outside of Big Viking Games Platforms.
VIP Membership Purchases
VIP Membership is a monthly recurring subscription product in exchange for “real money.” This is a transaction between you and Facebook/Xsolla and Big Viking Games is not a party. If you purchase virtual currency or virtual items, you are agreeing to Facebook’s or Xsolla’s (our payment providers) terms relating to recurring payments. You are free to cancel your automatic renewal at any time, and will continue to enjoy the benefits of the subscription until your renewal date. Please note that in some cases, it may take up to 15 minutes after subscription for VIP benefits to become available to you. Old Facebook VIP memberships will be canceled automatically during the VIP migration process and remaining value of days will be added to the new plan.
Rules of Conduct/Usage
Communications within the Service
The Game may provide communication channels such as forums, communities, or chat areas (“Communication Channels“) designed to enable you to communicate with other Game users. Big Viking Games has no obligation to monitor these communication channels for any purposes but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials (including without limitation User Content as the term is defined herein), at any time, with or without notice for any reason, at its sole discretion. Big Viking Games may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User Content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by Big Viking Games. Big Viking Games will not under any circumstances be liable for any activity within Communication Channels.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Big Viking Games is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Services.
In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Game or other users’ computers
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Game in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
- attempt to obtain passwords or other private information from other members
- improperly use support channels or complaint buttons to make false reports to Big Viking Games
- develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
- exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
These rules of use are not meant to be exhaustive, and Big Viking Games reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the Service and to take action up to and including termination of your account and exclusion from further participation in the Game.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted herein, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY BIG VIKING GAMES GAME IS A VIOLATION OF BIG VIKING GAMES POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Rules of Conduct/Usage
You agree that you will not, under any circumstances:
- Engage in any act that Big Viking Games deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game rules, game mechanics or policies;
- Make improper use of Big Viking Games’ support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or
- Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Big Viking Games game experience;
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Big Viking Games game experience;
- Without Big Viking Games’ express written consent, modify or cause to be modified any files that are a part of the Service;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server and/or cloud services used to offer or support the Service or any Big Viking Games game environment (each a “Server”); or (2) the enjoyment of the Service or any Big Viking Games game by any other person;
- Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other personal use or enjoyment of the Service; or
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Big Viking Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
- Post any information or place in any User Content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Post any information or place in any User Content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Big Viking Games employees, including Big Viking Games’ customer service representatives; or
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Big Viking Games employee;
- Without Big Viking Games’ express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual Items for sale;
- Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service; or
- Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
- Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Big Viking Games game characters, elements, or environment. Big Viking Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Big Viking Games;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Big Viking Games; or
- Copy, modify or distribute rights or content from any Big Viking Games site or game, or Big Viking Games’ copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
- Solicit or attempt to solicit personal information from other users of the Service;
- Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
- upload or transmit or attempt to upload or transmit, without Big Viking Games’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
The Services may allow for you to list Virtual Items to transfer to other users in the Service. The transfer may include, without limitation, We are acting as broker for the users (the “Auction House”) and/or you transferring Virtual Items to other users (the “Secondary Market”). Regardless of whether you use the Auction House and/or the Secondary Market, you agree to the following:
- you represent and warrant that the Virtual Item has not been obtained in a fraudulent or otherwise deceitful manner
- the listing must be accurate
We take a predetermined amount of virtual currency if you transfer any Virtual Item through the Auction House. It is your responsibility to ensure you list the proper Virtual Item(s) for transfer and price as we bear no responsibility or liability for improperly listed or mispriced Virtual Items and you shall have no recourse from Big Viking Games if you mis-list or misprice your Virtual Items. Prior to you entering into the transaction, such amount of virtual currency is listed and there are no refunds or exchanges for any virtual currency deducted by us.
Transfer of Virtual Items are carried out at your own risk. We do not take any role in the transfer of Virtual Items carried out through the Secondary Market. It is your responsibility to ensure you list the proper Virtual Item(s) for transfer and price as We bear no responsibility or liability for improperly listed or mispriced Virtual Items and you shall have no recourse from Big Viking Games if you mis-list or misprice your Virtual Items. You bear the entire risk of partial or non-payment of Virtual Items from one user to another through the Secondary Market.
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, BIG VIKING GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR BIG VIKING GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND BIG VIKING GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Big Viking Games reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such an event, Big Viking Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by contacting [email protected]
Games and Service
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Big Viking Games game client, and the Big Viking Games game clients and server software) are copyrighted works owned by Big Viking Games Inc. Big Viking Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. This includes websites, such as yoworld.com, fishworldgame.com, bigvikinggames.com and any future websites created by Big Viking Games (the “Service”).
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BIG VIKING GAMES. GENERALLY, GAME OR OTHER ACCOUNTS CREATED WITH BIG VIKING GAMES WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Big Viking Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items appearing or originating in any Big Viking Games game, whether “earned” in a game or “purchased” from Big Viking Games, or any other attributes associated with an Account or stored on the Service.
Big Viking Games prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Big Viking Games in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game, without Big Viking Games’ written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Big Viking Games game client or the Service, or that other users upload or transmit, including without limitation any chat text.
You own your User Content. You hereby grant Big Viking Games and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Big Viking Games promotions and competitions or any other content specifically solicited by Big Viking Games) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
Public Discourse & Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Big Viking Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Service. Big Viking Games shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Big Viking Games (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
BIG VIKING GAMES IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS, OR SHARE IN PRIVATE MESSAGES.
Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Big Viking Games assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please use any “Report Abuse” link provided or contact us at Customer Support.
Big Viking Games may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Big Viking Games may violate these Terms of Service.
Big Viking Games reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Big Viking Games, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Big Viking Games games. Big Viking Games reserves the right, but has no obligation, to become involved in any way with these disputes.
If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a resident of California, you waive California Civil Code Â§1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
FEES AND PURCHASE TERMS
The Game may include an opportunity to purchase virtual currency (“Virtual Currency“) or Virtual Items that may require you to pay a fee using legal tender (that is, “real money”) to obtain the Virtual Currency or Virtual Items.
Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in Big Viking Games’ sole discretion.
You may not purchase, sell, or exchange Virtual Currency outside the Game. Doing so is a violation of the Terms and may result in termination of your account with the Game and/or legal action. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you purchase a license to Virtual Items from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Big Viking Games keeps records of transactions in order to deal with any subsequent queries. For Virtual Items, your order will represent an offer to us to purchase a license for the relevant service(s) which will be accepted by us when We make the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.
Your license to Virtual Items for use in Big Viking Games games is a service provided by Big Viking Games that commences upon acceptance by Big Viking Games of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Big Viking Games will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Big Viking Games, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase a license to use Virtual Items from Us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Big Viking Games may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT BIG VIKING GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
THIRD PARTY ADVERTISING
Third Party Advertisements
Links to Third Party Sites and Dealings With Advertisers
Big Viking Games may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Big Viking Games makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Big Viking Games and may collect data or solicit personal information from you. Big Viking Games is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Big Viking Games of these linked sites.
It is Big Viking Games’ policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Big Viking Games reserves the right to terminate without notice Your access to the Service if that User is determined by Big Viking Games, in its sole discretion, to be a “repeat infringer.” In addition, Big Viking Games accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Big Viking Games may require that you accept updates to the Service and to Big Viking Games’ games you have installed on your computer or mobile device. You acknowledge and agree that Big Viking Games may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Big Viking Games’ Games.
DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
DISCLAIMER OF WARRANTIES
You expressly agree that use of the service is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).
Without limiting the foregoing, neither Big Viking Games nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “Big Viking Games parties”) warrant that the service will be uninterrupted or error-free.
LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE BIG VIKING GAMES PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE BIG VIKING GAMES PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BIG VIKING GAMES PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE BIG VIKING GAMES PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BIG VIKING GAMES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BIG VIKING GAMES ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BIG VIKING GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF BIG VIKING GAMES.
You agree to indemnify, save, and hold Big Viking Games, its affiliated, subsidiary and parent companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Big Viking Games reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Big Viking Games, and you agree to cooperate with Big Viking Games’ defense of these claims. Big Viking Games will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
If a dispute arises between you and Big Viking Games, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Big Viking Games agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes
By visiting or using the Service, you agree that the laws of the Province of Ontario and the applicable laws of Canada, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Big Viking Games. Any claim or dispute between you and Big Viking Games that arises in whole or in part from these Terms or your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial and federal courts of Toronto, Ontario.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $15,000 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All claims you bring against Big Viking Games must be resolved in accordance with the Terms. All claims filed or brought contrary to the Terms shall be considered improperly filed. Should you file a claim contrary to the terms, Big Viking Games shall be entitled to recover attorneys’ fees and costs up to $10,000 USD, provided that Big Viking Games has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Big Viking Games may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Language of the Terms of Service
In the event of a conflict between a translation of the Big Viking Games Policies and the English version, the English version of the Big Viking Games Policies will control.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Big Viking Games shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Big Viking Games.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service to Big Viking Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm Big Viking Games and which cannot be replaced by monetary damages alone. Accordingly, Big Viking Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Big Viking Games game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by as set out herein.
Big Viking Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Big Viking Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Big Viking Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
BigVikingGames Inc. Terms of Service Last Updated December 2022