Terms of Service

VPOINT JSC TERMS OF SERVICE

These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any application or service to which you have access.
These Terms of Service, as well as VPOINT JSC’s Privacy Policy available at https://vpapps.wordpress.com/privacy-policy/  (incorporated herein by reference) form legally binding contracts between you and VPOINT JSC.  By using VPOINT JSC Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

You agree to check https://vpapps.wordpress.com/privacy-policy/ periodically for new information and terms that govern your use of VPOINT JSC Services.  VPOINT JSC may modify the Terms of Service at any time.  Revisions to terms affecting existing VPOINT JSCServices shall be effective thirty (30) days after posting at https://vpapps.wordpress.com/privacy-policy/.  Terms for new VPOINT JSC Services are effective immediately upon posting at https://vpapps.wordpress.com/privacy-policy/.

1. Origin Account

An Origin Account (formerly known as an VPOINT JSC Account) (“Account“) may be required to access and use some VPOINT JSC Services.  If you have questions about Account registration, please contact us: contact@manyapps.net

To create an Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the VPOINT JSC Service for which you are registering.  In addition, some VPOINT JSC Services may require creation of a “user name” or a “persona” to represent you in game and online.  User names and personas are tied to your Account.  You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your Account password to others.  VPOINT JSC will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

2. Content  

“Content” on VPOINT JSC Services includes applications, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from VPOINT JSC Services, as well as the design and appearance of our websites.  Content includes user-generated Content (“UGC”).  UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to VPOINT JSC Services.  VPOINT JSC Content and UGC collectively shall be referred to as “Content.” All Content–with the exception of UGC discussed below in Section 6 and 7–is owned by VPOINT JSC or its affiliates, subsidiaries, licensors or suppliers.  You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on VPOINT JSC Services.

3. Entitlements

“Entitlements” are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of VPOINT JSC Services and/or products.  Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

4. Use and Expiration of Content and Entitlements/General License Restrictions

VPOINT JSC grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the VPOINT JSC Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on VPOINT JSC Services as well as the products and services offered through VPOINT JSC Services, are owned by VPOINT JSC or VPOINT JSC’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from an VPOINT JSC Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by VPOINT JSC, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the VPOINT JSC Services you are using.

VPOINT JSC reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of VPOINT JSC and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on VPOINT JSC Services may result in the termination of your Account(s), prohibition on use of VPOINT JSC Services, and further legal action.  Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless VPOINT JSC from any unauthorized or illegal conduct by you, or through the use of your Account, on VPOINT JSC Services.

5. VPOINT JSC Services, Content and Entitlement Availability

Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from VPOINT JSC or an authorized retailer.  VPOINT JSC reserves the right to refuse your request(s) to acquire Entitlements, and VPOINT JSC reserves the right to limit or block any request to acquire Entitlements for any reason.

We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.

6. Contributing UGC to VPOINT JSC Services

VPOINT JSC does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to VPOINT JSC Services.  You are solely responsible for your UGC and may be held liable for UGC that you post.

VPOINT JSC respects the intellectual property rights of others.  You must have the legal right to upload UGC to VPOINT JSC Services.  You may not upload or post any UGC on VPOINT JSC Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicity.  You may upload only UGC that you are permitted to upload by the owner or by law. VPOINT JSC may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of VPOINT JSC’s or a third party’s intellectual property or other rights, VPOINT JSC may terminate your Account without notice to you.  If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

VPOINT JSC reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when VPOINT JSC determines that UGC violates these terms.  The decision to remove UGC or other Content at any time is in VPOINT JSC’s sole and final discretion.  To the maximum extent permitted by applicable law, VPOINT JSC does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

7. UGC License Grant to VPOINT JSC and Others 

When you contribute UGC to an VPOINT JSC Service, you expressly grant to VPOINT JSC and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant VPOINT JSC and its licensors all licenses, consents and clearances to enable VPOINT JSC and its licensors to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the VPOINT JSC Service on which you contribute UGC permits other users to access and use that UGC as part of the VPOINT JSC Service, then you also grant all other users of the relevant VPOINT JSC Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant VPOINT JSC Service without further notice, attribution or compensation to you.

8. Termination of VPOINT JSC ServicesVPOINT JSC may terminate access to any online or mobile products and/or VPOINT JSC Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular VPOINT JSC Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at VPOINT JSC’s discretion) provided to you via email or is posted on the applicable product or VPOINT JSC Service.
   VPOINT JSC may also terminate access to VPOINT JSC Services for violation of this Terms of Service, if VPOINT JSC (in its sole discretion) deems that your use of VPOINT JSC Services renders VPOINT JSC Services less safe for others and/or minors or for illegal or improper use of VPOINT JSC Services, Content, Entitlement, products, or VPOINT JSC’s Intellectual Property as determined by VPOINT JSC in its sole discretion.  You may lose your user name and persona as a result of  termination.  If you have more than one (1) Account, VPOINT JSC may terminate all of your Accounts and all related Entitlements.  In response to a violation of these Terms of Service or any other agreement applicable to VPOINT JSC Services accessed by you, VPOINT JSC may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all VPOINT JSC Services or certain VPOINT JSC Services.  You acknowledge that in such an instance VPOINT JSC is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all VPOINT JSC Services or selectively removing, revoking or garnishing Entitlements associated with your Account.  If VPOINT JSC terminates your Account, you may not participate in an VPOINT JSC Service again without VPOINT JSC’s express permission.  VPOINT JSC reserves the right to refuse to keep Accounts for, and provide VPOINT JSC Services to, any individual.  You may not allow individuals whose Accounts have been terminated by VPOINT JSC to use your Account.If your Account, or a particular subscription for an VPOINT JSC Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all VPOINT JSC Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular VPOINT JSC Service.  If you believe that any action has been taken against your Account or device in error, please contact Customer Support at….. ).
9. Cancellation of your AccountYou have the right to cancel your Account or a particular subscription to an VPOINT JSC Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use VPOINT JSC Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with VPOINT JSC, including any dispute related to, or arising out of: (1) any term of this Terms of Service or VPOINT JSC’s enforcement or application of this Terms of Service; (2) the Content and Entitlements available through VPOINT JSC Services or any change in Content or Entitlements provided through VPOINT JSC Services; (3) your ability to access and/or use VPOINT JSC Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for VPOINT JSC Services and/or any Content or Entitlements thereon.10. Rules of ConductYou may violate the Terms of Service if, as determined by VPOINT JSC in its sole discretion, you:- Post, transmit, promote, or distribute Content that is illegal.
   – Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
   – Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate.  Hate speech is not tolerated.
   – Use abusive, offensive, or defamatory screen names and/or personas.
   – Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of VPOINT JSC Services.  Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an VPOINT JSC Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
   – Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
   – Attempt to get a password, account information, or other private information from anyone else on VPOINT JSC Services.
   – Upload any software or Content that you do not own or have permission to freely distribute.
   – Violate any additional Rules of Conduct applicable to a specific VPOINT JSC Service that you are using.
   – Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
   – Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt VPOINT JSC Services.
   – Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
   – Improperly use in-game support or complaint buttons or make false reports to VPOINT JSC staff.
   – Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
   – Use any game hacking/altering/cheating software or tools.
   – Modify or attempt to modify any file or any other part of the VPOINT JSC Service that VPOINT JSC does not specifically authorize you to modify.
   – Post or communicate any person’s real-world personal information using an VPOINT JSC Service.
   – Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an VPOINT JSC Service.
   – Use and communicate exploits and/or cheats.
   – Attempt to use VPOINT JSC Software on or through any service that is not controlled or authorized by VPOINT JSC.  Any such use is at your own risk and may subject you to additional or different terms. VPOINT JSC takes no responsibility for your use of VPOINT JSC Software on or through any service that is not controlled by VPOINT JSC.
   – Interfere with the ability of others to enjoy playing an VPOINT JSC Service or take actions that interfere with or materially increase the cost to provide an VPOINT JSC Service for the enjoyment of all its users.
   – Unless expressly authorized by VPOINT JSC, you may not sell, buy, trade or otherwise transfer your Account or any personal access to VPOINT JSC Services, Content or Entitlements, including by use of auction websites.
   – You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
   – Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
   – Abuse or exploit bugs, undocumented features, design errors or problems in the game.
   – “Role–playing” is not an excuse for violating this or any other policy.

   Specific VPOINT JSC Services may also post additional rules that apply to your conduct on those services.

   You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use VPOINT JSC Services.  VPOINT JSC reserves the right to terminate your Account and to prevent your use of any and all VPOINT JSC Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

   Unless otherwise specified, there is no requirement or expectation that VPOINT JSC will monitor or record any online activity on VPOINT JSC Services, including communications.  However, VPOINT JSC reserves the right to access and/or record any online activity on VPOINT JSC Services and you give VPOINT JSC your express consent to access and record your activities.  VPOINT JSC reserves the right to remove any content from any VPOINT JSC Service at VPOINT JSC’s sole discretion.  VPOINT JSC has no liability for your or any third party’s violation of this Agreement.

   11. Services Not Controlled By VPOINT JSC

   Some products may give you the option of using VPOINT JSC Applications on or through a service that is not controlled by VPOINT JSC.  For example, you may be given the option to play VPOINT JSC Applications online on servers not owned or controlled by VPOINT JSC.  VPOINT JSC takes no responsibility for your use of VPOINT JSC Applications on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-VPOINT JSC controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

   12. Updates to VPOINT JSC Services

   IMPORTANT: VPOINT JSC MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF VPOINT JSC SERVICES.  THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  VPOINT JSC RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

   13. Links to Third-Party Sites

   VPOINT JSC Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  VPOINT JSC does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

   14. General Terms

10. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the VPOINT JSC Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including VPOINT JSC’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of VPOINT JSC, and the remaining portions shall remain in full force and effect.C. Waiver.  The failure of VPOINT JSC to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by VPOINT JSC.

15. Entire Agreement

The Terms of Service (including the VPOINT JSC Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and VPOINT JSC relating to your rights and obligations in the use of VPOINT JSC Services.  If there is any conflict between the Terms of Service and any other rules or instructions posted on an VPOINT JSC Service, VPOINT JSC shall resolve the conflict in its sole discretion.

16. Supplemental Terms

Additional Terms and Conditions for Specific VPOINT JSC Services

Certain VPOINT JSC Services may require you to read and agree to terms and conditions that are specific to that VPOINT JSC Service.  Your right to use that VPOINT JSC Service is subject to those specific terms and this Terms of Service.  If there are any inconsistencies between the specific terms and these terms, VPOINT JSC will be the final and sole arbiter of any such inconsistencies.