VertigoGames International, Pte. Ltd. ("VERTIGO") would like to thank you for visiting our website. This document contains the terms of use for your visit and stay at
www.papayaplay.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites operated by VERTIGO (collectively, the "Website").
By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct, the Privacy Policy ( ) and any end-user license agreement applicable to our games, as they may be amended from time to time. In this Agreement, the terms "We/us/our" mean Vertigo Games International, Pte. Ltd. "You/your" means you as a user of the Website or any of our games.
You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the Singapore or other applicable jurisdiction. You understand that the services being offered may include certain communications from VERTIGO, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.
VERTIGO may amend this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Rules of Conduct, the Privacy Policy, and any end-user license agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website and its services, you are signifying your acceptance of any revised or updated terms.
VERTIGO is the owner of the Website. Your use of the Website is subject at all times to this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement applicable to our games. All user identities created on the Website are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, any end-user license agreement that may accompanied the VERTIGO software (the "EULA") and to which the VERTIGO software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VERTIGO services, affiliate services, third-party content or third-party software.
All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by VERTIGO or have been licensed to VERTIGO.
Vertigo Games International, Pte. Ltd. provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that VERTIGO is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. VERTIGO does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
You may be required to create an account (an "Account") to access our Website and our games. Accounts are available only to individuals 13 years or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account.
Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years old. We will require that you confirm that you are at least 18 years old to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or in the jurisdiction in which you reside have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.
When creating a user identity ("User ID") you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy.
You, as creator of your User ID, are completely responsible for your identity. VERTIGO will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.
VERTIGO is not responsible for any misuse of your User ID, you agree to hold VERTIGO and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.
Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your User ID. If you advise us within five days of the notice that you want to keep your User ID active, we will not delete it. If you do not so notify us, your User ID will be permanently deleted, along with your User ID records, ranks and service information.
Subject to the terms of this Agreement and any applicable EULA, VERTIGO grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the "Services"), and a non-exclusive, revocable, nontransferable license to use any client software (the "Software") in connection with the Services, without charge.
You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to VERTIGO or its licensor(s).
NEITHER VERTIGO NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.
As more particularly described in each applicable EULA, VERTIGO and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by VERTIGO, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of VERTIGO and/or its licensors and are protected by the copyright laws of the Singapore, USA, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.
"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings on forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to VERTIGO regarding the games and services of VERTIGO or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of VERTIGO upon submission. You agree to assign and grant to VERTIGO an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.
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