Termos de serviço

1. The agreement

These terms are the contract between you and the developer and operator of VARNETHRA ("we", "us"):

They apply to the VARNETHRA game for iOS and Android, its online services and varnethra.com (together "the game"). By playing you accept them. How we handle personal data is explained in our Privacy Policy. The terms of the App Store or Google Play you downloaded the game from also apply. The game is free to download and play; some content can be bought (section 7).

2. Minimum age and parents

• You must be at least 13 years old to use the game, or older if the law of your country sets a higher minimum age for using an online service like this one. By playing you confirm that you meet this minimum age.
• If you are under 18, or under the age of majority where you live, a parent or guardian must agree to these terms and to any purchase. Purchases go through the App Store or Google Play, whose parental controls apply; parents can use them to limit purchases and screen time.
• Parents and guardians are responsible for their children's use of the game and of their devices and store accounts. The game is not meant for children below the minimum age. If we learn that such a child has an account, we delete it.
• We do not ask for your age or check it. The age rating shown in the App Store and Google Play applies.

3. Your account

• The game creates an account for you on your device. To keep it if you lose or change your device, link it to Sign in with Apple or Google. An account that is not linked lives only on its device: if the app is deleted or the device is lost, we cannot restore it, because nothing proves that it is yours.
• Keep your device and your Apple or Google account safe. You are responsible for what is done with your account, unless you are not at fault.
• Your account is personal. You may not sell, trade or give it away, or use someone else's.
• Choose a display name that respects section 5. We may reset a name that breaks it.

4. Using the game

We give you a personal, non-exclusive, non-transferable right to use the game for your own, non-commercial entertainment for as long as this contract runs. The game, its art, music, texts, code and the name and logo VARNETHRA belong to us or our licensors. You may not copy, sell, rent or modify the game, or decompile it, except where the law allows this regardless of these terms.

5. Rules of conduct

Play fair and treat others with respect. In particular, you may not:

• cheat, use bots, scripts, modified clients or other tools that play for you or give an unfair advantage, or deliberately use bugs. Please report bugs to us instead;
• manipulate matches, for example by losing on purpose or using several accounts to push one up;
• attack, overload or probe our servers, or access accounts or data that are not yours. Report security issues to [email protected];
• harass, threaten, insult or discriminate against others, or post content that is unlawful, sexual, violent, hateful, or that infringes others' rights;
• share other people's personal data, or ask young players for personal details, photos or meetings;
• advertise, spam or send links to other services;
• buy, sell or trade accounts, items or Gems for real money or anything else outside the game.

6. Chat, your content and moderation

• Chat works the same for every player. Follow the rules of section 5 in it, never share your address, phone number, school, passwords or other personal details, and use Block and Report when someone makes you uncomfortable.
• What you write and name (messages, notes, names, clan texts) stays yours. You allow us to store, show and translate it in the game for as long as it is needed to run the game. You are responsible for it.
• Chat is moderated automatically and by people (see the Privacy Policy). Report any message, conversation or clan that breaks these rules with Report in the game. We check reports without undue delay and act where they are founded.
• If you break these terms we may, depending on how serious and repeated the breach is: hide or remove the content, reset a name, restrict chat for a time, remove ill-gotten gains or progress, suspend the account for a time or, as a last step, close it. We tell you the reason, and you can appeal in the game or by writing to [email protected]; a person reviews every appeal. Your rights as a consumer, including going to court, are unaffected.
• We are not obliged to monitor content, but we act when we learn of unlawful content.

7. Purchases and virtual items

• Through the stores. In-game purchases are made through the Apple App Store or Google Play, which take the payment, apply their prices including VAT in your currency, and handle refunds. The price shown in the store before you confirm is the price you pay.
• What you buy. Gems, packs, offers and other virtual items are a licence to use digital content in the game. They have no value outside the game, cannot be exchanged for money and cannot be moved to another account or game. Their contents and price are shown before you buy.
• Delivery. We deliver to your account at once after the store confirms the payment. Purchases belong to your game account, not your device: sign in to the same account on a new device and they are there, or use Restore purchases in Settings. If something did not arrive, write to [email protected] with your player ID and the store's order number.
• Items with chance. Where a chest or other item gives random contents, the chances of each kind of reward are shown in the game before you open or buy it.
• Time-limited and recurring offers. An offer's duration and, for anything that renews, its period, price and how to cancel are shown before you buy. Subscriptions renew through the store until you cancel them in your store account settings; deleting your account or the app does not cancel them.
• Refunds. Ask the store for a refund (Apple: reportaproblem.apple.com; Google Play: your order history). If a purchase is refunded or reversed, we may remove what it delivered, or its value from your balance.
• Deleting your account deletes everything bought for it. It cannot be restored.

8. Right of withdrawal

Purchases in the App Store or Google Play. Your contract of purchase is with Apple or Google; their terms set out your right of withdrawal and how it ends when the digital content is delivered at once.

Purchases made directly from us (for example on varnethra.com, once we sell there): if you are a consumer, you have the following right of withdrawal.

When you buy digital content directly from us, the final button reads "Buy now" and, before it, you are asked to give the agreement and confirmation described above. Statutory warranty rights are not affected by the end of the right of withdrawal.

9. Changes to the game

• The game is a live online game. We update it to fix errors, keep it secure, keep it fair and add content. Some updates must be installed to keep playing. We tell you about updates in the stores and in the game.
• We may change balance, values, rewards, offers and features where there is a good reason, such as fairness, game balance, technical or legal requirements or new content, and where the change is reasonable for you. We do not take away purchased content without a reason and never only to make you buy again. If a change affects your access to purchased digital content more than slightly, we tell you in good time and you may end the contract within 30 days of the change, as the law provides.
• Rankings, seasons, events and leaderboards reset on the schedules shown in the game.
• The game needs a connection to our servers. We work to keep them available but cannot promise uninterrupted access; maintenance is announced where possible.
• If we end the game, we announce it in the game at least 60 days in advance and stop selling Gems and items from that announcement. Your statutory rights for unused paid content remain.

10. Suspension and ending

• You can end this contract at any time by deleting your account (Settings → Account and data → Delete account, or as described on our deletion page).
• We can end it with 30 days' notice for good reason, or at once for a serious breach of these terms, for example cheating, fraud or abuse of other players, or where the law requires it. Section 6 describes the lesser measures we take first where possible.

11. Defects

The statutory rights for digital products apply (§§ 327 et seq. German Civil Code). If the game or a purchased item does not work as it should, tell us at [email protected] so we can fix it.

12. Liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where we have given a guarantee.
• For slight negligence we are liable only if we breach an obligation that is essential for the contract, whose fulfilment makes the contract possible and on which you may rely, and then only for the damage that is typical and foreseeable for this kind of contract.
• Otherwise we are not liable for slight negligence. These limits also apply to the people who work for us.

13. Apple App Store

If you got the game from the Apple App Store: these terms are between you and us, not Apple. Apple is not responsible for the game or its content, has no obligation to provide maintenance or support for it, and is not responsible for claims relating to the game, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection claims and claims that it infringes someone's intellectual property; these are ours to handle as these terms and the law provide. If the game fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any; to the extent permitted by law Apple has no other warranty obligation. You confirm that you are not located in a country subject to a U.S. Government embargo and are not on a U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Apple's standard licence terms for apps apply in addition, as far as these terms do not say otherwise.

14. Changes to these terms

We may change these terms for good reason, for example new features, changes in the law or in the stores' rules, and only where the change is reasonable for you. We tell you in the game at least 30 days before a change takes effect. If you do not agree, you can delete your account before then; if you keep playing after it takes effect, the new terms apply. We will point this out in the notice. Changes to the main obligations of either side need your express agreement.

15. Law and disputes

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not take away the protection of the mandatory rules of the country where you live. We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

If a provision of these terms is invalid, the rest remains in force.

16. Contact

Questions about these terms: [email protected]. Help with the game, your account or a purchase: [email protected].