Terms of Use

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION D. PLEASE REVIEW IT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

These Terms constitute a legal agreement between you and CodeVista Inc (referred to as CodeVista, us, we, or our in these Terms). By accessing or using any part of this Site, you agree to be bound by the following terms and conditions of use (these "Terms of Use"). Please carefully read these Terms of Use before accessing or using this Site. If you access or use this Site, it signifies that you have read, understood, and agree to be bound by these Terms of Use, which may be amended periodically. If you do not agree to these Terms of Use, refrain from accessing or using any part of this Site.

CodeVista reserves the right to revise and update these Terms of Use at any time without notice by posting the amended terms on this Site. Your continued use of the Site following such changes signifies your acceptance and agreement to the revised Terms of Use. If you disagree with the Terms of Use (as amended) or are dissatisfied with this Site, your sole remedy is to discontinue using it. It is your responsibility to regularly review the Site to ascertain any changes to these Terms of Use.
A. CodeVista Terms & Conditions
1. Why should you read these Terms?: It's important to read these Terms because they outline our legal commitments to you and establish specific guidelines (DOs and DON'Ts) that you must follow when using our Services. By reading these Terms carefully, you can ensure that you understand our expectations and obligations. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, it is recommended that you refrain from accessing or using our Services.

· You should also read our Privacy Policy. The Privacy Policy explains how we use your personal data.

· If you wish to buy any virtual currency or items in our Services, you should read our CodeVista Virtual Items Terms and Conditions.

Please be aware that if you access third-party games hosted or displayed on our Website, additional terms and conditions specific to those third-party games may apply. We advise you to review the terms and conditions for any third-party games alongside these terms to fully understand the requirements and obligations associated with using those games. Understanding and adhering to both sets of terms will ensure a comprehensive understanding of the terms of use when engaging with third-party games through our Website.
2. Can CodeVista change these Terms?: We reserve the right to update and modify these Terms periodically, and the latest version will be posted on the Website. You may be prompted to review and accept the revised Terms to continue using the Services. You have the option to print and save a copy of these Terms for your reference in the future.
3. What do I need to do with my log-in details?: If you have login credentials (i.e., you register for our Services), it's important to ensure their security. You are responsible for maintaining the confidentiality of your login details, including your username, email address, and password. Additionally, you are accountable for all activities conducted under your account. We advise you to regularly update your password and avoid using the same email and password combination for other online services. This helps to enhance the security of your account and protect your personal information.

Fair gameplay is important to CodeVista. You therefore agree not to share your user name and password with any other user or third-party, or knowingly carry out any activity which enables a third-party to access or use your account. If we believe, acting in our discretion, that your account is used by more than one person, we reserve the right to suspend or terminate or cease to support your account without liability.

We are unable to verify the identities of individuals using our Services and cannot be held liable for unauthorized use of your login details by others. If you become aware of any unauthorized use of your login details, please notify us immediately. However, please be aware that we may need to verify your identity and confirm account ownership before taking action.Please remain vigilant for fraudulent websites or services that may impersonate us or claim association with us. If you have any doubts or concerns, please contact us via email at: [email protected].
4. How do I close my account?: If you wish to close your account(s) with any of our Services, please contact us by email at: [email protected].
5. What am I not allowed to do when using the Services?: You agree that when accessing and using the Services, you must comply with the following rules ("the Rules"). You agree not to post, distribute, promote, or otherwise make available or transmit any data, text, message, graphic, or computer file that we deem to be:

· is a personal attack on other individuals;

· bullies, stalks or otherwise harasses any other user of our Services;

· contains any personal data;

· is a form of cheating, including without limitation the use, promotion or participation (directly or indirectly) in the use of cheats, exploits, bots, hacks, mods or any unauthorised third-party software designed to modify the Services;

· infringes and/or violates any right of a third-party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;

· contains a virus or other harmful component, or otherwise tampers with, impairs, or damages our Services, or interferes with any person's or entity's use or enjoyment of the Services;

· promotes and/or generates money for yourself and/or any third-party business activity;

·deletes any legal notices, disclaimers, or proprietary notices such as copyright or trademarks, or modify any logos that you do not own or have express permission to modify;

· does not generally pertain to the designated topic or theme of the Services; or

· is, more generally, not in compliance with the European Union’s (or any of its member state’s’) applicable legislation;
6. What is CodeVista not responsible for?: We cannot guarantee that the Services will always be available, uninterrupted, timely, secure, or free from bugs, viruses, errors, cheats, hacks, or omissions. For instance, there may be occasions when the Services are unavailable due to maintenance or technical issues. Additionally, we reserve the right to change, suspend, or discontinue certain Services without prior notice.

We will not be liable for third-party content that we host or display on the Website or Services such as third-party games or advertising.

We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable, or your experience being negatively impacted as a direct result of other players breaching the Rules.

We (and any third-party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:

· temporary, intermittent or permanent connection loss;

· damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;

· loss, damage or upset that you suffer as a consequence of the actions of another user;

· loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the Services;

· any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.

The Services are provided on an 'as is' and 'as available' basis. We do not make any representation, guarantee, or promise regarding the Services, including any statements made by other users, third parties, or advertisers on or via the Services. We reserve the right to change the Services at any time at our discretion. Additionally, we may offer different features or promotions within our Services to different users, so your experience using the Services may not be identical to that of other users.

We will take reasonable steps to ensure that our Services are free from viruses and other malicious software. However, we recommend that you use appropriate anti-virus software to further protect your devices and data.
7. What should I do if someone has made an unauthorised charge on my account?: CodeVista is not liable for any charges made by third parties on your account that you have not authorised (this includes fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such charges, you should contact your bank or the payment provider.

Any charges purported to be made by CodeVista which are not made through the above payment providers are not genuine and you should notify your bank and the payment provider immediately.
8. Is CodeVista responsible for third-party websites or content?: On certain pages, you may encounter links to third-party websites or content provided by third parties. These links are provided by third parties, not by us. We do not endorse any third-party websites or content linked from our Services. Subject to applicable law or regulation, we are not responsible or liable for any consequences that occur when you visit these third-party websites or use third-party content.If you choose to visit a third-party website, please be aware that it may have its own terms of use, license agreement, and privacy policy that you should review and understand.
9. What happens if I am not happy with these Terms or the Services?: By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should refrain from accessing or using our Services. We will make every effort to resolve any disputes arising from these Terms. All Disputes shall be resolved as set forth in Section D (Dispute Resolution; Binding Arbitration; Class Action Waiver). Please review Section D carefully, as it requires arbitration of disputes and limits your remedies and right to bring a class action.If you intend to initiate legal proceedings against us, you must do so within the United States.
10. Do I have to be a certain age to use the Services?: The Services are intended for individuals aged eighteen (18) and above. For certain Services requiring registration, users must be at least 18 years old to participate.

If you assist someone under the age of 18 in registering for or using any Services, you assume full responsibility for any consequences. Under no circumstances, including negligence, will we or any third-party content provider or their agents be liable for any direct, indirect, incidental, special, or consequential damages arising from such use.
B. CodeVista Virtual Items Terms and Conditions: Please review these terms and conditions ("Virtual Items Terms") carefully before purchasing any virtual items, benefits, upgrades, unlockables, gameplay features, bonus tokens, or other in-game currency, collectively referred to as "Virtual Items," available through or related to our Services. By purchasing any Virtual Items directly or indirectly (e.g., through Subscriptions), you agree to be bound by these Virtual Items Terms and the Terms of Service. These Virtual Items Terms supplement the Terms of Service, and in the event of a conflict between the Virtual Items Terms and the Terms of Service, the Virtual Items Terms shall prevail.
1. Where can I buy Virtual Items?: In some of our games, you have the option to purchase Virtual Items, which can be identified by the presence of an in-game store or a prominent option within the game interface. These games may offer different quantities of Virtual Items and may occasionally feature temporary offers or sales for Virtual Item purchases.

We strictly prohibit third parties from distributing or selling Virtual Items, including Bonus, outside of our games. Therefore, as a condition of playing our games, you agree not to obtain, purchase, or use Bonus or Virtual Items from such third parties. Any unauthorized Bonus or Virtual Items that you acquire are subject to forfeiture at any time.
2. How do I use my Virtual Items?: You can spend your Bonus in order to acquire other Virtual Items within the game within which you purchased the Bonus. When you use Bonus to acquire another Virtual Item within a game, the relevant amount of Bonus will automatically be deducted from your account that is connected with that game.
3. What am I not allowed to do with my Virtual Items?: Users are prohibited from holding and using Virtual Items in multiple accounts in any manner that is contrary to the general purpose of the CodeVista game and in violation of any relevant clauses of these Terms and Conditions.

You are strictly prohibited from giving, selling or otherwise transferring an account or any Virtual Items to any other person. Any violation or abuse of the account limitations will be flagged and may result in suspending or disabling your account or any other measures CodeVista deems necessary.
4. What legal terms do I need to be aware of when I am purchasing Virtual Items?: When you buy Virtual Items, you are buying a limited personal revocable licence to use the Virtual Items. You agree that the Virtual Items do not constitute personal property and Bonus are not legal tender or currency of any kind. All Virtual Items purchased by you are non-refundable. No interest is paid or earned on any Bonus balance.
5. What happens to my Virtual Items if my account is temporarily or permanently terminated?: We reserve the right to temporarily or permanently ban your account if:

· we or our designated payment processor are unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Virtual Items;

· we or our designated payment processor are notified of or reasonably suspects any cheating, fraudulent, abusive or other unlawful activity whatsoever in relation to your account, Virtual Items or Bonus balance;

you are otherwise in breach of these Virtual Items Terms, the terms of the third-party payment service provider or any other Terms; or

· your account is inactive for a period of 3 years.

If we temporarily or permanently ban your account, we may remove any or all of the Virtual Items in your account. If this happens, you are not entitled to any reimbursement, refund or any other compensation, except at our sole discretion.
6. What should I do if someone has made an unauthorised purchase on my account?: You are responsible for maintaining the security of your account and preventing unauthorized purchases from occurring on your account. CodeVista is not liable for any unauthorized purchases, including fraudulent purchases or purchases made by minors. If you seek a refund for such purchases, you should contact your bank or the payment provider directly.
7. What is CodeVista not responsible for?: We are not responsible for the following types of loss or damage which may arise (and have no obligation to refund for any purchase of Virtual Items):

· damage or loss not caused by our breach of the Virtual Items Terms;

·unauthorised purchases made by persons who have gained access to your account (including, without limitation, minors or unauthorised third parties);

· loss or liability incurred by you as a result of accidentally entering a match or purchasing a Virtual Item through misclick or other mistake;

· loss of progress or Virtual Items as a result of our decision to terminate a game or remove certain features or supporting services from a game;

·any loss or damage if the Virtual Items are not provided to you are interrupted or suspended or if we do not comply with the Virtual Items Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.
C. MISCELLANEOUS: These Terms of Use, as they may be amended from time to time, constitute the entire agreement between you and CodeVista with respect to the Site, superseding any prior communications, whether oral or written. Any claim or cause of action you may have arising out of or related to use of the Services or under these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred, except where such limitation is prohibited by the law of the state of your residence. This limitations period is subject to, and does not override, the Arbitration Agreement set forth in Section D. You acknowledge that violating any restrictions in these Terms of Use or misusing Confidential Information may cause irreparable harm to CodeVista, and in such cases, CodeVista may seek injunctive relief along with other legal remedies.

The licensors and contractors of CodeVista are direct third-party beneficiaries of the terms in these Terms of Use that apply to their products or services, including disclaimers of warranty and limitations of liability, and they have the right to enforce these terms against you directly.

If any part of these Terms of Use is deemed unenforceable, the unenforceable part shall be interpreted to reflect the original intentions of the parties as closely as possible, and the remaining provisions shall remain valid. The sections pertaining to CodeVista's disclaimer of warranties, limitations of liability, choice of law and arbitration, indemnification obligations, and any licenses granted by you to CodeVista will survive the termination of these Terms of Use.CodeVista's failure to enforce any provision of these Terms of Use shall not constitute a waiver of that provision. Additionally, no trade practices or course of dealing between you and CodeVista shall modify these Terms of Use.
D. DISPUTE RESOLUTION AND ARBITRATION: Please read this section carefully. It affects your legal rights.

1. Governing Law and Arbitration. These Terms and any disputes related to them or your use of the Services will be governed by the laws of the State of Nevada, U.S.A., without regard to its conflict of laws rules. Except for the exceptions stated below, any dispute must be resolved through final and binding individual arbitration, not in court. This agreement to arbitrate applies to all claims, past, present, and future.

2. Exceptions and Rules. Either party may sue in small claims court if the claim qualifies. Also, either party may seek court injunctions to stop violations of intellectual property rights. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Rules. The arbitration will be conducted in Las Vegas, Nevada, by a single arbitrator.

3. No Class Actions. You and CodeVista agree that disputes will be brought only in our individual capacities. There will be no class arbitrations, class actions, or representative proceedings. If a court finds this class action waiver unenforceable, the entire arbitration agreement is void, but the rest of the Terms remain valid.

4. Miscellaneous. This Dispute Resolution section survives the termination of your account or these Terms. If any part of this section is found invalid, the rest remains in effect.