Terms and Conditions of Vivaro Games
Users of the Services offered by Vivaro Games acknowledge and accept these terms and conditions.
Owner of Vivaro Games and related Services
This document is a legal agreement between you, the User, and the corporation which runs Vivaro Games for your use of it and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this Agreement are binding on the relationship between you and us once you have accepted the terms.
Acceptance of this Agreement
In order to use Vivaro Games, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Information about Vivaro Games
Vivaro Games is a social gaming app. By registering on Vivaro Games, the User will be able to entertain themselves, interact with other Users through in app chat features and compete against other players to improve their ranking and possibly win the in-app rewards and prizes at stake.
Registration, content available on Vivaro Games and prohibited Use of Vivaro Games
If the User has reasons to believe that their account is no longer safe because it has supposedly been, including but not limited to, hacked, stolen, lost, unduly disclosed ., the User should immediately notify the Owner at the email address provided at the beginning of the present document.
By registering on Vivaro Games, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users under the age of 13. Each User between the ages of 13 and 18 (or whichever age is the age of majority in their country of residence), may only register provided that a parent or legal guardian:
- consents to the registration;
- acknowledges and agrees to be bound by this Agreement and
- ensures that the use of Vivaro Games by the minor is under their supervision.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
- User has violated this Agreement; and/or
- User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
- the use of Vivaro Games by the User may result in violation of law or regulations; and/or
- in case of an investigation by legal action or governmental involvement; and/or
- the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Content provided by the Owner
The content provided by the Owner is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Vivaro Games or allow any third party to do so through the User or its device, even without User's knowledge.
Where explicitly stated on Vivaro Games, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Vivaro Games, for the User's sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Vivaro Games, that they upload and post on or through Vivaro Games, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not operate any kind of moderation on the content published by the User or by third parties, but may decide to suspend or interrupt the visualisation of said content in the event that:
- other Users file complaints;
- a notice of infringement of intellectual property rights is received;
- it is decided to do so in view of, or as a result of, legal actions;
- said action is solicited by a public authority; or
- if it is believed that the content, while being accessible via Vivaro Games, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
Rights over content provided by Users
By creating, delivering, submitting, posting or displaying UGC on or through Vivaro Games, the User grants a non-exclusive, royalty-free, worldwide, irrevocable, perpetual and with the right to sublicense license to the Owner without territorial limits, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Vivaro Games. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party games ( slots), services or content included in Vivaro Games, but they must be aware of these third parties' terms and conditions and have given consent to them. .
The Service shall be used only in accordance with the Agreement. Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Vivaro Games or any portion of it;
- circumvent any technology used by Vivaro Games or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Vivaro Games;
- use any robot, spider, site search/retrieval Vivaro Games, or other automated device, process or means to access, retrieve, scrape, or index any portion of Vivaro Games or its content;
- rent, lease or sublicense Vivaro Games;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- publish any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
- promote activity that may endanger your life or the life of any other User or lead to physical harm. This includes, but is not limited to: suicide threats, intentional physical trauma, use of illegal drugs, or drinking excessively. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self - destructive or violent behaviour on Vivaro Games;
- publish any content or carry out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of Vivaro Games or another User's experience or devices. Such activity includes: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, Misinformation (such as feigning distress, posting misleading metadata, or intentional channel miscategorization), Tampering (such as artificially inflating follower counts or live viewer stats) .;
- publish any content that exclusively focuses on extreme or gratuitous gore and violence;
- probe, scan or test the vulnerability of Vivaro Games, including the services or any network connected to the website, nor breach the security or authentication measures on Vivaro Games, including the services or any network connected to Vivaro Games;
- conceal their identity or steal someone else's identity or, in any case, pretend to be or represent a third party, if not expressly allowed to do so by such third party;
- manipulate identifiers in order to disguise or otherwise conceal the origin of their messages or of the UGC published;
- harvest or collect any personally identifying information of other Users, including but not limited to the email addresses or contact information, by circumventing the privacy setting of the User's account on Vivaro Games or by any other means;
- register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Vivaro Games in any way;
- indicate or try to imply in any manner that you have a relationship with Vivaro Games or that Vivaro Games has endorsed you, your products or services or any third party's products and services for any purpose;
- use Vivaro Games to publish or otherwise disseminate copyrighted material, without the consent of the copyright holder;
- perform any activity, such as cheating, hacking, botting, or tampering, that gives the User an unfair advantage in the game;
- use Vivaro Games in any other improper manner that violates the Agreement.
Terms and conditions of sale
Vivaro Games provides for in-app purchases. In order to get such in app-purchases, User must follow the instructions given by the online store which can vary according to the device in use (i.e. either "Apple Store" or "Google Play"). In this case, User is also required to check and accept the terms and conditions of sale set forth by such third parties in the respective online stores.
The Service may provide Users with the opportunity to purchase virtual, in-game items (“
Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange Virtual Currency outside the Service. Accordingly, Users may not sublicense, trade, sell or attempt to sell in-game Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of a game. Doing so is a violation of this Agreement and may result in termination of this Agreement and/or in a legal action taken against the User, besides any such transfer or attempted transfer to be null and void.”). By purchasing Virtual Currency, Users acknowledge and understand that Virtual Currency can never be redeemed or cashed out for real money, goods, or any other item of monetary value from either the Owner or any other third-party, unless otherwise expressly authorized by the Owner in the framework of its Services.
Real - life Rewards (US Residents only)
From time to time Vivaro Games may give Users the opportunity to accumulate loyalty points through the use of the Service, which shall be exchanged for Virtual Currency, in-a[[ goods or as “real life” rewards.
Before joining the initiative, Users shall be requested to carefully read and comply with any possible additional terms and conditions dedicated to the initiative which shall be published, if the case may be, within Vivaro Games.
Eligibility to redeem real – life rewards (US residents only)
Only US residents are eligible to redeem real - life rewards. In order to be eligible to redeem any real – life reward on Vivaro Games, the User must have earned a sufficient amount of loyalty points. Loyalty points can be collected by performing certain actions within the application, including but not limited to, liking certain features of it, taking part in some initiatives, playing the games for a specific duration etc. Under no circumstances the collection of loyalty points shall be related to or calculated on the outcome or degree of your success in playing the games available on Vivaro Games.
The User must also be an adult according to their legislation and have an active account on Vivaro Games. Real – life rewards are personal and shall be redeemed solely by the owner of the account which the loyalty points accrued refer to.
Without prejudice to the above, the User must be aware that eligibility for the redemption of some specific rewards may be subject to additional terms which may also be provided by third parties (e.g. our partners for a specific initiative), in case the rewards are not directly offered by the Owner.
Redemption period (US Residents only)
Real – life rewards must be redeemed within a specified timeframe (“redemption period”).
During the redemption period, the User can cancel, change or obtain a refund for the reward claimed. In case the User asks for a refund, the User must be aware that they shall be refunded of the points used to earn the reward. Under no circumstances the refunds shall be granted with real money.
Upon expiration of the redemption period, the User who has failed to successfully claim or otherwise use their reward shall not be able to ask for a refund or claim their loyalty points back.
Limited stock items
On some occasions, a reward may sell out or otherwise become unavailable before you successfully redeem it.
On such occasions, if the User is still within the redemption period, they shall be eligible to either ask for a refund or choose another reward worth the same point collected. Refunds are subject to the terms set forth in the section“Redemption period" above.
If the User does not take any action, upon expiration of the redemption period, the reward will expire.
Methods of payment
Vivaro Games uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
Price changes, offers and discounts
Prices and availability of Virtual Currency items are subject to change without notice.
The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time.
The conditions of these discounts and / or offers will be specified each time on the corresponding information page of Vivaro Games. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last.
If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.
Right of withdrawal for European Users
According to the applicable European consumer protection law, in case of purchase of services the European User has the right to terminate the Agreement, within 14 days days from the date the Agreement is entered into, without giving any explanation. For the purpose of exercising the right of withdrawal, the User is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For the purpose of this communication, User can use the withdrawal form available at the bottom of the Agreement.
Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the User, using the same means of payment used by the User for the initial transaction, unless the User has expressly otherwise agreed.
Limitations on the right of withdrawal
Refund and order correction
The User can ask for a refund or order correction if:
- the User is charged for items that they did not purchase or
- they do not receive the items they did purchase or
- they are charged the incorrect amount.
Refund requests shall be processed provided that they are received within 24 hours from purchase. Refund requests received past 24 hours from purchase shall be evaluated at the Owner's sole discretion.
Except for the above mentioned cases, no refund shall be provided for any purchase made.
Indemnification and limitation of liability
Disclaimer of Warranties (non EU users)
The Owner provides the services to you strictly on an "As is" basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any:
- errors, omissions or inaccuracies in any “content”;
- personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “Application”;
- any unauthorized access to or use of our systems and/or any information accessible through such systems;
- any interruption of the “services”;
- any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party;
- any access to your device and/or information available through such access; and/or
- any loss or damage of any kind incurred as a result of the use of the “services.”
The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement.
Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.
Limitations of Liability (non EU users)
You use Vivaro Games and the content therein at your own risk. In no event will the owner be liable for any indirect, incidental, punitive, special or consequential damages arising out of or relating to this agreement, including, but not limited to, damages for loss of profits, loss of business, loss of use, or loss of customer data or other intangible property, even if the owner has been advised of the possibility of such damages.
Each provision of this agreement that provides for a limitation of liability, disclaimer of damages, or exclusion of damages is to allocate the risks of this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable from and independent of all other provisions of this agreement.
Limitations of liability for the European User
Vivaro Games and all functions accessible through Vivaro Games are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. Vivaro Games and functions accessible through Vivaro Games are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Vivaro Games. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Vivaro Games due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or Vivaro Gamess and
- incorrect or unsuitable use of Vivaro Games by Users or third parties.
You agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of the Service; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
Software license and intellectual property rights
Vivaro Games grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softwares and/or any other technical means embedded in the Service provided by Vivaro Games.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement.
The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms.
All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
Virtual Currency license
Vivaro Games grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Virtual Currency embedded in the Service provided by Vivaro Games.
The Owner retains the full right to manage, regulate, control, modify or eliminate any Virtual Currency and shall have no liability for exercising any such right.
Other Intellectual properties rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning Vivaro Games and all rights in and to the user interface, features and functionality of Vivaro Games and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Vivaro Games are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Under the Digital Millennium Copyright Act (“DMCA”), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must send this takedown notice in physical form to Vivaro Games
You can also send a copy by email to but you must send the physical version described above to the physical mail address specified.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Providing the Service
From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
Changes to this Agreement
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through Vivaro Games or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.
You consent to the Owner contacting you by your telephone number (if provided) or your email address. All communications relating to Vivaro Games must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
Cancellation and termination of the Agreement
You may terminate the Agreement by cancelling your account at anytime by sending an email at the email address provided in the present document and then following the specific instructions provided in our response.
Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:
- in case of discontinuation of the Service;
- in case you fail to honour your obligation to pay for the Services you purchased;
- in case we suspect that you have engaged in any fraudulent or, in general, illegal activity in connection with Vivaro Games or in case of your infringement of the Agreement;
- if requested to do so by any public authority for any reason.
without prejudice to any further action we may bring before the competent Courts in order to protect and safeguard our rights.
Upon termination of the Agreement by either party for any reason:
- we will cease providing you with the Service and you will no longer be able to access your account;
- unless otherwise stated in the Agreement, you will not be entitled to any refunds of any fees, or otherwise;
- all Virtual Currency shall be forfeited and no refund shall be granted; and
- the content that you published (if any) will be taken offline unless it has been used by the Owner for advertising and/or promotional purposes or shared by any other Users of Vivaro Games.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers - EU consumers only
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer and also the Owner is based in the European Union, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following .
The Owner is available for any questions via the email address posted under the Owner's information in this document.
The service provided by Vivaro Games as described in these Terms and in Vivaro Games.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
The software embedded in the Service provided by the Owner.