Terms of Use

Please read these terms of use carefully because they describe your rights and responsibilities at VitalityGames.com

VitalityGames.com is a portal to games. By using the Website, you agree to be bound by these Terms of Use ('TOU' or 'Agreement'). If you have any questions regarding these terms and conditions, please contact customer service under the support section of the Website.

This Agreement sets out the legally binding terms of your use of the Website. You should therefore review this Agreement from time to time to familiarize yourself with any modifications. All such modifications will be effective upon posting on the Website or VitalityGames.com, and any use by you of the Website or the Service after the posting of any such modification will constitute your agreement to that modification. The terms of our Privacy Policy and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of Reloaded Games's policies and notices can be found on the Website.

The Site's Privacy Policy, Additional Terms and Rules, when applicable, are hereby incorporated herein by reference. To the extent that there is a conflict between this Agreement and the Additional Terms or Rules for the activity in which you choose to participate, the applicable Additional Terms and/or Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, and any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

The activities, games and other items available on the Site are for you to use and play with while you are on the Site. They are not for you to copy, download, sell, give to anyone, or to say that you made them.

We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any provisions of this Agreement at any time. We will post notification of any such changes on the Site. The change will be effective on the date changes are posted on the Site. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Site. Your continued use of the Site following posting or receipt of other notice of changes to this Agreement will mean that you accept any and all such changes.

This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified.

1. Changes to the terms of use

We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the 'Terms of Use' link, located at the bottom of the Websites. You are responsible for checking these Terms of Use periodically for changes. If you continue to use the Websites after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

2. Ownership

The contents of this Site, including all Site applications, software, design, text, images, illustrations, music, sound, artwork, items, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and all trademarks, service marks and trade names are the property of Vitality Games. Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Vitality Games's prior written permission.

3. Advertising

Vitality Games placed advertisements and/or banners, advertising companies on the Site.

All such communication, interaction and participation between you and such Advertisers will not make us be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

4. Access costs

You must provide, at your own expense, the equipment and Internet connections that you will need to access and use the Websites. You are solely responsible for any costs you incur to access the Websites through any wireless or other communication service.

5. License to use site

Subject to these Terms of Use, you may use the Websites and the content offered on the Websites only for personal, noncommercial purposes. You may use content offered for downloading for personal use only. You may not use the content in a manner that exceeds the rights granted for your use of the content. You may not use any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of the Websites or content; or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent. You may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content.

6. Disclaimer and limitations of liability

The site and all games, online activities, and/or other content contained on or offered through the site are distributed and/or served on an 'As is' basis and on an 'As available' basis, without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and the absence of inaccuracies in the site content. We do not warrant that the site, its content, or the functions contained in the site will be uninterrupted, secure, timely or error-free. We do not warrant that defects in the site or its content will be corrected or cured. We do not warrant that the site or its content are free of viruses, malware, spyware, or other harmful components. You (and not we) assume the entire responsibility and cost of all necessary servicing, repair, or correction which may result from using the site and/or the content on the site.

7. Assumption of risks and mature content

You assume all risks that the site, content, user materials, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the site are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By participating in multi-player games or visiting chat rooms you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that vitality games shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.

8. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies as well as any respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Choice of law and location for resolving disputes

This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site.

Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.

10. Other legal terms

You agree that this Terms of Use is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the VitalityGames.com Terms of Use, including VitalityGames.com's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.