- 1.3 Content includes all text, visuals, audio, messages or items of information, domain names and any other elements which are part of the Services, individually or in combination, together with all related Intellectual Property Rights (as defined in Article 5 below) in the above, (collectively, the “Content”).
- 1.5 RED VAULT reserves the right to change, modify, add or delete Articles in these Terms at any time, in accordance with the procedures described below in Article 11.
- 2.1 Creation of Your Account
- a. Access to and use of the Services are subject to the creation of an account with RED VAULT (an “Accountb>”).
- b. To create an Account, you must have an e-mail address or Facebook account and supply accurate complete and up-to-date information. You must be authorised to use the Services for which you register, and in particular meet the age criteria.
- c. Certain Services may require the creation of a username and a nickname and they will be linked to your Account.
- d. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Any use of Services, using your Account with your password will be deemed to be carried out by you. We have the right to disable any username or password if in our sole opinion you have failed to comply with any of the provisions of these Terms.
- e. We reserve the right, at its sole discretion, to refuse any username, screen name and/or password you have chosen.
- 2.2 Accuracy and Use of Your Account Data
- a. You agree to supply and keep the personal information relating to your Account accurate, complete and up-to-date.
- b. You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the username, password or any other information relating to someone else’s Account or the name, likeness, voice, image or photograph of another person or by providing false information concerning a parent or legal guardian when the registration process asks you to give this information.
- c. We may take action to check the accuracy of the information you give, including by checking landline or mobile telephone numbers and/or e-mail address you have given for you or a parent or legal guardian when applicable. In order to protect Minors and prevent risks of fraud, you agree to send the necessary authorisations and supporting documents to RED VAULT on request. The documents requested may include a copy of your national identity card or your passport.
- d. You also agree to inform RED VAULT as quickly as possible of any unauthorised use of your username, password or other information concerning your Account or of any other security violation concerning or involving the Services which comes to your attention.
. USE OF SERVICES AND RULES OF CONDUCT
- 3.1 Use of Services
- a. You must be authorised to use the Services for which you register in accordance with these Terms or any other terms applicable to such a Service.
- b. The Services are intended for personal use only and you must in no event use them in any way for commercial purposes without obtaining a licence to do so from us and/or our licensors.
- c. You are solely responsible for any damage caused to RED VAULT, its partners, or any other individual or legal entity as a result of use of all or part of the Services in violation of the law or of your obligations as set out in these Terms.
- 3.2 Rules of Conduct
- a. You may only use the Services for lawful purposes and according to anticipated use of the Services.
- b. You may not:
- i. use the Services in any way that breaches any applicable local, national or international law or regulation;
- ii. use any element of the Services or Content which would infringe the Intellectual Property Rights or other rights of others and/or of RED VAULT;
- iii. create, use, share and/or publish by any means (forum, public profile or other means) in relation to the Services any material (text, words, images, sounds, videos, etc.) which would breach a duty of confidentiality, infringe an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
- iv. access or aim to access parts of the Services whose use has not been authorised by RED VAULT;
- v. arrange, modify, translate, adapt, reproduce, index, copy and/or extract any information, software, product or other element or part of the Content by any means without RED VAULT’s express prior permission as set out in these Terms or otherwise;
- vi. modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other Users, or the functioning of the partner networks of the Services, or attempt to do any of the above;
- vii. transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services, and/or organise, participate in or be involved in any way in an attack on RED VAULT’s servers and/or the Services and/or those of its service providers and partners;
- viii. create, use and/or circulate “auto” or “macro” computer programs including without limitation “cheats”, “mods”, “hacks”, “bots” and “trainers” programs or software applications, and/or use the Services via a mirror site;
- ix. create, supply or use alternative methods of using the Services, for example server emulators;
- x. use incorrect information, use another User’s Account, assume another person’s identity or present false credentials in relation to any individual or legal entity in relation to the Services;
- xi. use any means not expressly permitted by RED VAULT to collect or intercept data exchanged by other Users within the framework of the Services, or the names/ usernames and/or passwords of any other User;
- xii. attempt to obtain a password, information concerning an Account or other information of a private nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transfer to any outside party your Account and/or the means of accessing it and/or in any other way allow any outside party to benefit from your Account;
- xiii. make inappropriate use of the help service or the claim buttons or send untruthful reports to members of RED VAULT’s personnel;
- xiv. access, use, download from the Services or otherwise reproduce or supply to anyone (free of charge or in return for payment) any directory of Users of the Services or any other information concerning Users or use of the Services;
- xv. refuse to obey the instructions of any RED VAULT representative, and/or falsely claim to be an employee or representative of RED VAULT or its partners and/or agents.
4. ACCESS AND TERMS SPECIFIC TO MINORS
- 4.1 If you are a Minor, you should read these Terms with the help of your parents or guardians.
- 4.2 When a child who is below the age of minority in relation to the jurisdiction in which they reside (a “Minor”) wishes to use the Services made available to Minors or register, they must supply the e-mail address of a parent or legal guardian who we will contact to confirm, refuse or modify their child’s access to Services. We may restrict access to certain Services on age grounds. For such Services, we ask for a parent or guardian’s approval.
- 4.3 We reserve the right to ask for written proof of consent from a parent or guardian for any User or potential User of the Services we suspect is a Minor. Parental consent applies exclusively to the Service for which it has been granted.
- 4.4 Certain Services are specially designed for children and enable children to create their own free Account for which RED VAULT collects their username, password, date of birth (or age), country and parent or guardian’s e-mail address.
- 4.5 In all cases, all use of the Services by Minors is the responsibility of their parents or legal guardians whom we assume approve their use of the Services and agree to these Terms.
- 4.6 As far as is permitted by law, RED VAULT accepts no responsibility regarding any activities which may be conducted by Minors without the permission of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you thereby agree to the Terms relating to use of the Services by your child.
5. INTELLECTUAL PROPERTY RIGHTS
- 5.1 Intellectual Property Rights are defined as “patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world”.
- 5.2 The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these Terms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights in the Services and the Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior permission and, if applicable, our licensors’ and representatives’.
- 5.3 Save as expressly set out in these Terms, no Intellectual Property Rights of any kind are assigned or licensed to you.
- 5.4 The Services, Content, and all Intellectual Property Rights in them belong to RED VAULT or its licensors and representatives.
- We may offer a system enabling you to obtain points if you use Services and/or if you purchase and/or participate in certain games and activities proposed by the Services (the “Points System”). You may exchange these points on the basis described through the Red Vault Services.
- Periodically, RED VAULT and/or its partners organise rewards as part of the Services. These may be subject to particular terms which we shall communicate to you at the time these rewards are offered.
8. ADVERTISING AND PROMOTION OF PRODUCTS
- Entirely at its own discretion, and subject only to its editorial policy for each Service, RED VAULT may display certain third party products and/or services by inserting promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of its choice.
- RED VAULT is not responsible for the third party products or services so displayed.
9. LIABILITY, INDEMNITY AND COMPENSATION
- 9.1 Limitation & Exclusion of Liability
- a. You expressly acknowledge that use of the Services is at your own risk.
- b. The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:
- i. their conformity, accuracy, being up to date, completeness, reliability or security;
- ii. their suitability for a particular use;
- iii. their market value;
- iv. the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements will be corrected; and/or
- v. your satisfaction.
- c. We hereby expressly exclude:
- i. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- ii. any liability for loss or damage suffered in connection with the use of the Services or any related third party service. This includes:
- all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise;
- direct loss;
- accidental loss,
- incidental loss;
- consequential loss; and
- indirect loss.
- iii. Your sole remedy in the event of a dispute with RED VAULT or its licensors is to cease to use the Services and terminate your Account..
- d. Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
- 9.2 Indemnity & Compensation
- a. You agree to defend, indemnify and keep indemnified RED VAULT and its Affiliates (as defined above), their subcontractors and Content suppliers against any claim or alleged claim, all liabilities and damages and all costs, including lawyers’ fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your behaviour on the Services.
- b. Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified RED VAULT and its Affiliates in the event of inappropriate or illegal use of your Account, including in the event of illegal or inappropriate use by someone you have authorised to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services.
- c. RED VAULT reserves the right to take sole conduct, at its own expense, of any claim which you have indemnified RED VAULT in relation to.
- 9.3 The provisions of this Article 8.3 remain valid and in force after termination of these Terms or of your Account.
- 10.1 We reserve the right to terminate all or part of the Services at any time, without prior notice.
- 10.2 Termination of the Account or Services at RED VAULT’s initiative
- a. We may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time, automatically and at our sole discretion where:
- i. we have sent by e-mail or by post a formal request to provide us proof of your credentials or to cease an action, behaviour, or breach of these Terms;
- ii. it is confirmed or We have reasonable grounds for believing that:
- you do not comply with these Terms or any special condition relating to a particular Service or Services;
- you are in breach of your legal or contractual obligations;
- your Account has been inactive for more than six months and you do not have access to pay functions;
- for any other reason in relation to your use or actions in relation to the Services.
- b. If you have more than one Account, we reserve the right to suspend or close all the Accounts you have opened once one has been suspended or closed under this process.
- c. In the event of a breach of your legal or contractual obligations, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop the breach and obtain compensation for our losses. In particular, and without limitation, we reserve the right to prosecute any User who was deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided assistance for so doing.
- a. We may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time, automatically and at our sole discretion where:
- 10.3 Termination of the Account and/or a subscription on your initiative
- a. You may terminate your Account to a particular Service or Services at any time. The termination of your Account and/or your subscription will come into force within a reasonable period of time at its sole discretion.
- b. If you do not accept these Terms, you may not use the Services and you must terminate your Account and/or the corresponding subscriptions.
- 10.4 Consequences of Termination of the Account
- a. In the event of termination or suspension of your Account, you will lose, and RED VAULT may delete your profile and the related information you have passed on to RED VAULT.
- b. RED VAULT reserves the right to store personal data relating to your profile for a reasonable period of time.
- c. In the event of termination of your Account, you must immediately cease all use of the Services and destroy any related documentation on any medium.
- d. In the event of termination of your Account, you will not be able to participate in the Services which require an Account again without RED VAULT’s express permission. To benefit from the Services again, contact [insert address].
- e. In the event of termination of your Account or of a Service or Services associated with your Account, no credit (such as unused points or rewards) will be credited to you or converted into cash or any other form of reimbursement and you will no longer have access to your Account or to any right associated with your Account or the Service(s) in question (such as points, rewards, tokens or virtual objects).
11. UPDATING OF SERVICES AND TERMS
- 11.1 Modification of Terms
- b. We will not use this right to make substantial changes to the Terms to your detriment without giving you a chance to agree.
- c. We will inform you of any revisions of these Terms by posting on the website [insert], a notification of the revision. Any revision will come into force [five (5)] days after the posting of the notification. If you do not agree to the changes made to these Terms, you may terminate your Account as set out in Article 10.3.
- d. You are expected to check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms coming into force implies acceptance of the revised Terms.
- 11.2 Modification of Services
- a. RED VAULT reserves the right to modify, discontinue or extend the Services. RED VAULT will indicate these modifications or extensions on the website of the Services.
- b. If you do not accept these modifications or extensions, you may cancel your subscription or your Account in accordance with the procedure defined in Article 16 of the Terms. Note that continued use of the Services implies your consent to the modified or extended Services.
- c. Extensions may be applicable in certain conditions and download of the original Services gives no automatic entitlement to the extensions.
12. CONFIDENTIALITY AND COLLECTION OF PERSONAL DATA
- Your privacy is very important to us and we will not reveal your personal data to third parties except when expressly authorised by you to do so or in special circumstances.
13. SOFTWARE, UTILITIES AND TOOLS
- 13.1 The Services are optimized for a screen resolution of 1024 x 768 pixels. RED VAULT reserves the right to optimize any one of its Services for any other resolution and/or browser..
- 13.3 Computer software and peripherals are not compatible with all computer platforms and media and the performances of the RED VAULT Software and the related Services may vary depending on your computer and other equipment.
- 13.4 RED VAULT may from time to time supply you with updates or modifications of the RED VAULT Software. Updates and modifications may be necessary in order to be able to continue to use the RED VAULT Software and the Services.
- 13.5 Your web browser may be configured to prevent the display of pop-up windows. Certain Content is displayed in pop-up windows. To optimize use of the Service, make sure you deactivate any pop-up window blocking function.
14. SPECIFIC TERMS FOR COMPATIBLE MOBILE TERMINALS
- 14.1 The expression “Compatible Mobile Terminal” designates any portable device capable of connecting to the Internet to access the Services. The term Compatible Mobile Terminals covers mobile
- 14.2 Access to Mobile Services. RED VAULT allows its Users to access certain Services via their Compatible Mobile Terminal (“Mobile Services”).To access the Mobile Services from your Compatible Mobile Terminal you must (i) have a Compatible Mobile Terminal, (ii) have the permission of the person who pays the bill for said Compatible Mobile Terminal(iii) be provided with Internet access via your Compatible Mobile Terminal.
- 14.3 Mobile Service access costs. The use of a Compatible Mobile Terminal will lead in particular to connection costs for which RED VAULT shall not be held responsible. RED VAULT may charge You fees to access any Mobile Services in whole or in part, including in-game purchase and any micro-transactions.
- 14.4 Quality of Mobile Services. When the User connects to the Mobile Services, RED VAULT cannot guarantee User comfort equal to that experienced when connecting to the Services via a computer or game console, particularly as regards display quality, response time or access to certain functions. You acknowledge that the user comfort of the Mobile Services depends on the capacities, Services, the quality display, the response time or access to certain functions of your Compatible Mobile Terminal and the capacities of the electronic communication network you use, and RED VAULT may in no case be held responsible for reduced user comfort on Mobile Services.
- 14.5 Downloading, installing and use of certain Mobile Services supplied via your Compatible Mobile Terminal may be prohibited or restricted by your Internet service provider, and it is possible that the Mobile Services will not all function with all network service providers or devices. You must contact your Internet service provider to find out whether the Mobile Services are available for your device and what restrictions, if any, may apply to the use of said Services for mobile devices.
- 15.1 Titles and Headings
Headings in these Terms are intended solely to facilitate reading and understanding and shall not affect the interpretation of these Terms.
- 15.2 Severance
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect RED VAULT’s initial intentions.
- 15.3 No Waiver
No failure or delay by RED VAULT to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by RED VAULT or by the User.
- 15.4 Entire Agreement
- b. Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
- d. You should add this page to your browser bookmarks and consult this site regularly to find out about any updates to the Terms.
- e. Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.
- 15.5 Law and Jurisdiction
To the extent permitted by applicable law, these Terms and your Account and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws in force in the Emirate of Dubai. You irrevocably agree that any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims) shall be referred to and finally resolved under the Arbitration Rules of the DIFC – LCIA Arbitration Center, which Rules are deemed to be incorporated by reference into this Article 14.5. the number of arbitrators shall be one. The seat, or legal place, of the arbitration shall be Dubai. The language used in the arbitration shall be English.
- 15.6 Force Majeure
RED VAULT shall have no liability under these Terms if it is prevented from, or delayed in, performing its obligations or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of RED VAULT or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors
Red Entertainment Distribution (FZCO) LLC
Unit A3 DAFZA
PO Box: 54484
Tel: +971 4 2997 980