Venge.io Terms of Serviece Agreement
Current Update Version: May 2020
This Website is provided by Venge.io, LLC, ("Venge.io" and "we"). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.
The term Venge.io used herein also refers to any and all games hosted on the Venge.io servers; e.g., Venge
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
1. Right to Use this Website
Venge.io grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to Venge.io and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of Venge.io and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Additional License Limitations
You agree that you will not under any circumstances:
1.1 Create or use cheating codes, software, bots, hacks, mods, or any other unauthorized third-party software designed to modify the Service, the Game, or the experience of the game.
1.2 Exploit the Game or any part thereof for commercial purposes.
1.3 Purchase or sell for real money, or in exchange for in-game currency, objects or resources that may be used in a Game outside the Game without the prior authorization of Venge.io.
1.4 Allow any third party (save and except for minor children) to use your account on the Service or in a Game.
1.5 Use any unauthorized third-party software that intercepts, searches, or otherwise collects information relative to the Game or the Service, including, without limitation, any and all software that read areas of RAM used by the Game in order to store information relative to any character or environment of a Game; provided, however, that Venge.io may, in its sole and absolute discretion, allow for the use of certain third-party interfaces.
1.6 Modify, or cause to be modified, any file part of a Game or the Service in any way, except as expressly authorized by Venge.io.
1.7 Provide, create, or maintain any unauthorized connection to a Game or the Service, including, without limitation, (a) any unauthorized connection to a server that emulates, or attempts to emulate, the Service or a Game; and (b) any connection using third-party programs or tools without the prior approval of Venge.io.
1.8 Disrupt or assist in the disruption of (i) any computer used to take control of the Service or any game environment (hereinafter individually referred to as a â€œServerâ€); or (ii) the experience of the Game of any player. ANY ATTEMPT ON YOUR PART TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
1.9 Use a large number of free accounts, or any other mean of increasing your in game presence, to play the game. The exact definition of "large number" is up to us depending on the server situation but it will never exceed 15.
All Content is copyrighted, and it is either owned or used with permission by Venge.io. Venge.io disclaims any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with Venge.io.
Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.
Venge.io respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via this Website, then please see the paragraph below entitled Procedure for Alleging Copyright Infringement.
The trademarks, logos, and service marks displayed on this Website are owned by Venge.io and third parties, and this Website's trade dress is owned by Venge.io (collectively, the "Trademarks", which also constitute Content). All Trademarks not owned by Venge.io are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark.
4. Your Communications to Venge.io; Venge.io Rights to Your Submissions
Venge.io likes to hear from you. However, in your communications with Venge.io, please keep in mind that, unless it specifically requests them, Venge.io does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Therefore, please do not send to Venge.io any unsolicited materials, such as ideas for games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information, materials or user-generated content.
Any such submissions and any questions, comments, answers, suggestions, or the like submitted by you to Venge.io via this Website or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this Website (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Venge.io will not assume any responsibility, obligation, or liability for them or for Venge.io's receipt or non-receipt of them. Venge.io's receipt of Your Submissions is not an admission by Venge.io of their novelty, priority, or originality, and it does not impair Venge.io's right to contest existing or future intellectual property rights relating to Your Submissions.
You grant Venge.io a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right and license to reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Venge.io in this User Agreement, do not and will not infringe any right of any third party.
When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Access to the Service
You may create an account only if you are a â€œnatural personâ€ aged 18 or more. Business corporations, limited liability companies, partnerships, and any other corporate body or commercial entity may not create an account. Any individual prohibited by Venge.io to use the Service may neither create nor use an account. By accepting the present Agreement, you hereby declare and warrant that you meet the eligibility requirements listed herein. In the event that Venge.io becomes aware that you have created an account that does not meet the foregoing provisions, Venge.io reserves the right to suspend, terminate, and/or delete the account at any time.
6. Online Shopping
This Website and other Venge.io websites may offer online capabilities to purchase products (such as Therian Saga related products) and services (such as memberships). You must be 18 years of age or older to make any such purchases. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Venge.io.
As an active account holder, you may participate in the Venge.io balance service. You may only use the balance service in exchange for certain products and services offered by the Service. You may acquire, use, and exchange funds with the balance service as set out by Venge.io under this Agreement. Irrespective of how they are acquired, Venge.io balance funds may not be transferred to another individual or account, have no cash value, do not accrue interest, and, except as provided under the law or authorized under this Agreement, may under no circumstances be refundable by or redeemable for any sum of money or monetary value from Venge.io. The Venge.io balance service is not a deposit account.
It may take up to five (5) days before funds transferred to your Venge.io balance are made available for purchase. Certain minimum amounts may apply upon purchase of additional funds, and the maximum amount of your balance may under no circumstances exceed the equivalent of EUR 100. The maximum value of all transactions using the Venge.io balance is limited to EUR 1,000 per day. Venge.io reserves the right to modify minimum and maximum amounts at any time upon notification.
You are responsible for any and all transactions using your Venge.io balance, including unauthorized transactions.
You are responsible for all uses of your Venge.io balance. In the event that you suspect that the safety of your account has been compromised, advise the Venge.io customer service. Your Venge.io balance is protected only once Venge.io acknowledges receipt of such notification on your part. You are responsible for verifying that the proper amount has been added to or deducted from your account. You may check your Venge.io balance under the Account Management tab. Note that Venge.io reserves the right to request any additional information and/or documents to check the validity of your claim. Once Venge.io has obtained such information, it will take the actions required to freeze your Venge.io balance and will unfreeze your account only when control of the balance has been returned to you.
Venge.io reserves the right to reduce, liquidate, deactivate, suspend, or terminate your balance or access to your account if it is determined, after investigation, pursuant to Article 9 hereunder, that you have misused your Venge.io balance or otherwise used your account to conduct fraudulent or illegal activities.
In the event that you voluntarily compromise the safety of your account in anyway, Venge.io reserves the right to delete the balance of any account subject to misappropriation, suspend access to any and all services provided by Venge.io, and/or terminate the account, pursuant to Article 9 hereunder.
Virtual Items. Venge.io owns, has licensed, or otherwise has any and all rights relative to all of the content that appear on the Service or in the Games. You hereby agree that you have no right or title relative to said content, including, without limitation, virtual items or currencies appearing in or derived from any Game, or any other attributes associated with the account or stored on the Service. Venge.io does not authorize any alleged transfer of virtual items outside the Game, or any alleged sale, donation, or exchange in the â€œreal worldâ€ of elements appearing in or derived from the Game, except as expressly authorized in written form by Venge.io.
7. Naming Policy
The creation of a character and the selection of a name are important aspects of the Game. In order to avoid any conflict, any and all users must comply with the following rules for the selection of a character name. In the event that a character name is in conflict with these rules, the team reserves the right to modify said name without notifying the user.
Any user that notices a character name that is in conflict with the Naming Policy may advise Venge.io at [email protected].
Character names falling into any of the following categories may be modified at any time without notice:
Character names falling into any of the following categories will be modified following notification via email. In the event that the user concerned has not addressed such concerns after a period of 24 hours, the character name will be modified by the team:
It is recommended to avoid names that:
8. Community Areas: Code of Conduct
Venge.io may elect to offer on this Website community features such as email, bulletin boards, forums, and chat rooms. In such cases, Venge.io will not be responsible for monitoring, screening, censoring, editing, or regulating the information or content disseminated on your part or by third parties on this Website. However, Venge.io reserves the right to do so in its sole discretion. Venge.io does not assume any responsibility for the accuracy or reliability of the information or content disseminated by any and all users or third parties.
The following comments may be subject to modification without prior notice and the intervention of a site administrator may lead to the suspension or deletion of the account on the basis of the gravity of the comments reported:
In order to ensure the legibility of the content used in the community areas, any and all users must adhere to the following rules:
As for the information or content that you may download from or upload to this Website, you hereby declare and warrant to Venge.io that you are entitled and authorized to do so without the consent of any third party.
You agree that you will not download from or upload to this Website: (a) content that is infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, or of an harassing nature or otherwise inappropriate; (b) viruses or other harmful content; or (c) any content designed for commercial purposes (such as offers for the sale of products or services or attempts to raise funds or place advertising for any product or service).
Venge.io reserves the right, in its sole discretion, to set out additional rules for any community area and to reserve access to community features to specific individuals or groups on the basis of such criteria as age, geographic location, or others, to deny or restrict access, at any time, to any individual or group who fail to comply with these criteria or to any individual who fail to meet our criteria or who fail to comply with our rules and to change or modify said criteria or rules as it deems fit. Venge.io reserves the right (but will not be liable to it), in its sole discretion, to delete any element of information displayed on this Website that may contravene the provisions of this User Agreement and to deny access to this Website to any user.
9. Termination of Service
Venge.io reserves the right to terminate this Service, without prior notice, for contravening the requirement to comply with the conditions set out under the present Agreement. In the event of minor violations, Venge.io will issue a first warning stating the violation prior to terminating the Service. In the event that a behavior is utterly unacceptable, Venge.io will not be required to issue said prior notice. A behavior is considered utterly unacceptable in the case of a serious violation of any of the provisions set out under this Agreement.
You may cancel this Service at any time by ceasing all use of the latter, save and except for products purchased via this Service. You may at any time terminate any Account created by following the instructions set out on the Website.
10. Use Restrictions
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
11. Investigations; Cooperation with Law Enforcement; Termination
Venge.io reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
12. Privacy and Security Measures
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of the personal information under our control. We use Secure Sockets Layer technology to protect credit card data during transmission, and adopt careful internal procedures to safeguard this information in our system. Vendors, service providers, and others who help us make this Website and our products and services available must sign confidentiality agreements; they are not permitted to use personal information except in connection with their services to Venge.io and must agree to adhere to industry-accepted best practices to safeguard personal information. Nevertheless, we cannot guarantee complete security of personal information.
13. Disclaimers and Limitations of Liability
This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Venge.io DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN Venge.io WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, Venge.io WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
14. Links by You to this Website
You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Venge.io or cause confusion among consumers, (d) the links and related content on your site do not portray Venge.io or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.
15. Links on this Website to and from Other Sites
16. Banners, Advertisements, and Promotions
We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Venge.io's policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Venge.io disclaims all liability in connection with therewith.
17. Procedure for Alleging Copyright Infringement
Venge.io will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:
Venge.io will only receive DMCA notices by e-mail at the address below:
By Email: [email protected]
Venge.io may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Venge.io may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA.
18. General Provisions