This section was last updated Nov 27th, 2015.
The following terms and conditions govern the use of the services offered to you (also regarded as the “User”, “your” and “yourself”) by Juan Carlos Niño, natural person with ID 1020767707 from Bogota, Colombia (regarded, for clarity purposes, as “Euphoric Vortex™”, “we”, “our”, “us” and “ourselves”). These terms constitute an agreement between you and us with respect to our video games, regardless of the platform or service where they are played in (referred to as “Games”), the web site www.euphoricvortex.co (referred to as “Website”) and any additional services (which all together define the “Services”). Euphoric Vortex™ is a trade mark of Juan Carlos Niño. The terms and conditions defined will be hereinafter referred to as the “Agreement”.
Please read the Agreement carefully before using the Services. Using and continuing to use the Services offered by Euphoric Vortex™ implies acceptance of and agreement to all of the terms and conditions defined herein. Objecting to anything in this Agreement disallows your access and use of the Services.
This Agreement will be updated by our sole discretion at any time in accordance with section 16. It is your responsibility to check this Agreement regularly to keep yourself aware of any such changes. Continuing to use the Services signifies acceptance of the updated Agreement.
1.1. Euphoric Vortex™ aims to give memorable gaming experiences. Through our Services, you may be able to enjoy pleasant social moments. In order to keep a fun environment for everyone, you give your express consent to this Agreement and promise to follow its guidelines and rules. We promise to do our part.
1.2. Our Services are mostly virtual and accessed through the Internet. You remain responsible any connection charges made to you for using them.
1.3. The Games will have their own: instructions of use, either implicitly or explicitly; additional terms, if any; and rules of play. By accessing any of the Games, you agree to follow its additional conditions as well as this Agreement. We agree to give explicit access to such terms and rules where applicable.
2. Age restrictions
2.1. Our Services are allowed for users that are at least 18 years old. Users between 13 and 18 years of age are permitted to use our Services only if their legal guardians have given full consent after reviewing and agreeing to this Agreement. You agree that if you allow or aid users under 13 years old to access the Website or Services, by any available, explicit or implicit means, you will then assume full liability for any consequences.
3. User conduct
3.1. You agree to comply with every law applicable to your use of any of our Services. If such laws prohibit your use of any of our Services, you shall stop using such service.
3.2. You agree to respect all other users of the Services, and therefore your acts within our Services must:
- avoid harmful, antisocial, disruptive, offensive or otherwise inappropriate behavior, including hostile and insultive interaction (“flaming”), unsolicited and usually repetitive messages (“spamming”), online harassment (“trolling”), or any other unwanted communication;
- never stalk, threaten, or violate any legal right of another user;
- use appropriate language that will not upset other players;
- respect differences in culture, race, religion and any other;
- allow other users to enjoy our Services and never inhibit them from doing so;
- use our Services within the spirit of fair play, which implies not cheating, trying to cheat or assisting in cheating, by any means including but not limited to using third-party software to play or earning virtual currency or virtual goods by any means other than the ones offered by us;
- not impersonate any person or entity nor misrepresent your identity or affiliation with any person or entity, including us, nor allow any other person to use your identification;
- come from the same person, with your own e-mail address and no other’s;
- have non-commercial and non-business purposes;
- use only our servers, or servers that we authorize, to access our Services, and never create or use any server reimplementations (“server emulators”);
- never interfere with our Services or the media needed to operate them successfully;
- never reverse engineer, decompile, hack, disassemble or modify any of our Services without express, written permission to do so;
- respect our security measures and never collect, data-mine, data-crawl or scrape any personal information, by no means, neither automatic nor manual; and
- retain any legal notices, disclaimers, or proprietary notices such as copyright or trade mark symbols.
3.3. However, we will not be liable for any loss, damage or affliction you endure from the postings, chat, or communications of another user. Each user is responsible for his own actions and is to be held liable for all consequences that may arise therefrom. We can not confirm that each user is who they claim to be.
3.4. We reserve the right to:
- remove messages or postings that do not pertain to the designated topic or theme of our Services as determined by us;
- ban you or suspend your account, on any or all of our Services as determined by us after seeing your violation of these rules; and
- comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using any of our Services in violation of the law.
3.5. If you feel the behavior of another user breaches this Agreement, you should e-mail firstname.lastname@example.org and let us know. We will take reasonable steps to investigate and deal with any breach appropriately. However and in accordance with paragraph 13.7, we will not be liable for any user disputes.
3.6. Any content that you upload, transmit or by any means make available through any of the Services, be it images, sounds, files, data, software, information or any other digital material (“Content”), will be considered non-confidential, and you grant us a license to use and distribute it inside our Services, as defined in paragraph 11.8.
3.7. You agree to upload, transmit or by any means make available Content that respects all other users of the Services, and therefore the Content reasonably:
- is truthful, accurate, complete and not misleading;
- is not in violation of any law, statute or regulation applicable to your area;
- can not be viewed as difamatory, obscene, sexually explicit, harassing or otherwise objectionable;
- respects the privacy of other users;
- doesn’t promote or support violence or hatred towards others;
- respects differences in culture, race, religion and any other;
- doesn’t in any way encourage illegal or unrespectful activities or start a discussion to commit such acts;
- respects intellectual property of others, and you have full authorization by law to share it;
- is not unsolicited or unauthorized advertising and is not aiming to be “spam”, “junk mail”, “chain letters”, “pyramid schemes” or any other form of solicitation;
- is free from computer viruses and any other form of processes and algorithms designed to interrupt, limit, damage, intercept, expropriate or otherwise interfere with the normal data, information and functions of an user’s computer; and
- will not create any liability from Euphoric Vortex™ or any of its third parties.
3.8. However, we do not assume any responsibility for any aspect of your Content. You acknowledge you may still be exposed to unrespectful Content. You agree that the user who sent the Content is the only one responsible for it and is to be held liable for all consequences that may arise from it.
3.9. We reserve the right to remove without notice to you and, if we deem appropriate, to turn over to law enforcement officials, any Content you upload that is in violation of any part of this Agreement. You recognize, however, that we will not actively control or verify your Content.
4.1. We currently do not manage personal accounts for use in our Services. However, we will allow you to connect your Content with your identification through third-party accounts, including but not limited to those created in social networks, Google Accounts and Apple Game Center (referred to as “Accounts”), by either providing your login details through our Services or allowing us to access it as defined by their terms.
4.2. You acknowledge yourself as entitled to grant access to the Accounts you link our Services with.
4.3. You agree to keep any login details of your Accounts secret, both inside and outside of our Services. You are fully responsible for any and all activities ocurring under your Accounts. We exert no control over your Accounts and will not be liable for the consequences arising from their use.
4.5. Your recognize that your relationship with any third-party providers and their Accounts is solely governed by their respective agreements with you. Likewise, we are not responsible for any Content or personal information coming from them.
4.6. If you feel any of your Accounts has been breached, you should contact its third-party provider as well as send an e-mail to email@example.com in order to take reasonable steps to investigate and deal with any damage appropriately.
5. Confidential information
5.1. Euphoric Vortex™ may possess trade secrets as well as confidential and proprietary information, and other information that is not generally known to the public, including but not limited to technical data, engineering, hardware configuration information, software, developments, inventions, research, know-how, processes, formulas, technology, plans, designs, drawings, products, services, customers, marketing, financial or business information (referred to as “Confidential Information”).
5.2. You agree to not disclose, transmit, or otherwise communicate any such Confidential Information, nor seek others to do so. In contrast, you agree to immediately notify us if you encounter any unauthorized disclosure of Confidential Information, and do your best to protect it.
6.1. We agree to give the best reasonable experience and under our control in any of our Services.
6.2. However, you agree we may not have permanent availability for technical or maintenance-related reasons. These may happen either on a scheduled or unscheduled basis.
6.3. You agree we are not liable for any loss, damage or affliction you may endure by the availability of our Services or lack thereof.
7. Virtual Goods
7.1. Our Games may include purchases inside them, which will be composed of virtual consumable goods such as digital coins for usage inside our Services (referred to as “Virtual Goods”) and have to be bought with real money. You agree that such purchases are optional and you must be over 18 years old to buy them.
7.2. You agree that Virtual Goods are consumable, which implies that you may spend and lose them. You acknowledge that our Virtual Goods will not be provided to you again if already delivered, without regard to the causes of such claim.
7.3. You agree that Virtual Goods can not be exchanged back to real money.
7.4. We may issue refunds to you after deeply and thoroughly analyzing the situation on a case by case basis. We reserve the right to approve or deny your refund requests for any reason whatsoever. We may keep track of previous refunds done by you to avoid fraud, money laundering or terrorist financing from your part, and report any suspicious activity to competent authorities.
7.5. We reserve the right to add, modify, or remove Virtual Goods from our Services without any liability from us to you.
8.1. We may link to third party web sites or services from our Services. Such links are provided as an information service, for reference and convenience only. We accept no responsibility for the links to or from our Website and the inclusion of these links does not mean that we endorse the material or content of these sites. We are also not responsible to you in relation to any loss, damage or affliction caused by such third parties. Any charges you incur in relation to those third parties are your responsibility.
8.2. The use of any web site controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those web sites, and not by this Agreement.
10.1. We may, from time to time, provide certain promotional opportunities, sweepstakes and contests to you. All such promotions will be run at our sole discretion and may be started, modified or finished at anytime by us without advance notification.
11. Intellectual property rights
11.1. All text, images, sounds, videos, data, designs, source code, look-and-feel, software, and other content belong to Euphoric Vortex™, unless specified otherwise, in which case it is licensed to us. Our proprietary material is protected by copyright, trademark and other international intellectual property rights and laws.
11.2. The Website uses typefaces:
- HVD Comic Serif Pro © 2009 by Hannes von Döhren and
- Source® Sans Pro © 2012 by Adobe Systems Incorporated.
11.3. As long as you are in compliance with this Agreement, we grant you a non-exclusive, non-transferable, personal, revocable and limited license to access and use our Services for your own personal private use, provided that such use is in accordance with these terms.
11.4. This license does not allow you to copy, distribute, modify or create any derivative work from our Services or any part of them without express, written permission.
11.5. You agree not to use any content or part of our Services in any manner whatsoever that is not authorized by the respective copyright owners.
11.6. The Euphoric Vortex™ name, logo, look-and-feel, brand and any other service marks are trade marks owned by us. All other trade marks are properties of their respective owners. You must respect:
- the above-mentioned items as trade marks, and only use them when authorized by us;
- all other trade marks from any other owners;
- the visual design of our Website, and avoid making visually similar web sites; and
- all other intellectual property rights, reserved only to their respective owners.
11.7. You are not allowed to package or embed any of our Services within another service, including but not limited or a web site or software, without our express, written permission.
11.8. Any Content you transmit to us will be considered non-confidential. You agree to grant us a non-exclusive, non-transferable, worldwide, irrevocable, perpetual and royalty-free license in such Content so that we can use, store, copy, adapt and distribute it and make it available, through any medium, to other users of the Services or the general public. Note that we will not pursue any direct income from your Content. You will retain the moral rights of your Content.
11.9. You are not granted any of the above licenses for Content that belongs to another user. If you believe your intellectual property rights were breached, you may contact us by sending an e-mail to firstname.lastname@example.org with the following information:
- a description of the copyrighted work, including the location of such Content, be it the internet address or other specific location in our Services. Include as well the location of the original work. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
- your address, phone number and e-mail address;
- a statement by you, made under penalty of perjury, that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and that the information you are providing is accurate and you are the owner or authorized to act on behalf of the owner; and
- a physical or electronic signature of the owner or person authorized to act on behalf of the owner of the copyright interest that has allegedly been infringed.
11.10. You can ask for a customized license, if you need one, by sending an e-mail to email@example.com
12. Termination and suspension
12.1. We reserve the right to suspend or terminate your rights defined herein, prohibit access or use of our Services, delete all your information, delete your Content, and even take appropriate legal action against you if we reasonably believe that you have breached any term inside this Agreement. The same action applies to any breach in intellectual property rights.
12.2. You agree to compensate us, according to law, for any loss, damage or affliction arising from any breach of these terms by you.
12.3. Upon termination or suspension of such rights, we will do our best to notify you through e-mail or any other means of contact we explicitly have from you.
12.4. If we terminate or suspend your rights, you will not be entitled to any refunds.
12.5. All pertinent sections of this Agreement will continue in full effect regardless of whether or not we have terminated your rights defined herein.
13.1. The use of our Services is entirely at your own risk.
13.2. Our Services are provided “as is” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties about the veracity, timeliness, accuracy, completeness or reliability of our Content nor the Content of any web sites linked to our Services and assume no liability for any of those characteristics.
13.3. Neither us nor our affiliates or licensors warrant or endorse:
- that our Services will always be available or that our Services will not have technical failures;
- the results that may be obtained from the use of our Services; and
- that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
13.4. You are responsible for ensuring that your computer has a suitable anti-virus software that is up to date. Neither us nor our affiliates or licensors warrant that our Services are free from viruses or any other form of processes and algorithms designed to interrupt, limit, damage, intercept, expropriate or otherwise interfere with the normal data, information and functions of an user’s computer. We will not be liable for any loss or corruption of Content, damage or affliction you suffer as a consequence of receiving such software.
13.5. We do not warrant nor assume responsibility for any service advertised or offered by a third party through our Services or any web site linked or featured in any banner or other advertising; nor any transaction between you and third-party providers of products or services.
13.6. You agree not to hold us or our affiliates, licensors, officers, directors, employees, investors, agents, subsidiaries or participants liable for any damage, suits, claims and/or controversies arising from your use of or inability to use our Services, including without limitation any liabilities arising in connection with any instruction, advice, act or service provided by us or our affiliates or licensors and any destruction of your Content.
13.7. If you have a dispute with another user, you release us (and our officers, directors, employees, investors, agents and subsidiaries) from any claim, demand, or damage (actual or consequential) of every kind and nature arising out of or in any way connected with such disputes. We expressly disclaim any liability that may arise in connection with the conduct, act or omission of any user, or any interaction between users.
13.8. Under no circumstances and to the extent permitted by law shall we or our affiliates, licensors, officers, directors, employees, investors, agents, subsidiaries or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising out of your use of or inability to use our Services, even if advised of the possibility of such damages. However, we accept liability for death or personal injury resulting from our negligence, as well as loss or harm resulting from fraud on our behalf.
13.9. We do not accept any liability regarding:
- property damage of any nature whatsoever, resulting from your access to and use of our Services;
- any unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein; and
- the quality or fitness of any work performed via our Services.
13.10. If, regardless of the precedent exclusions, it is determined that we or our affiliates, licensors, officers, directors, employees, investors, agents, subsidiaries or participants are liable for damages, in no event shall the aggregate liability, whether or not arising in contract, exceed the total fees paid by you to Euphoric Vortex™ during the four (4) months prior to the date of your claim.
13.11. You grant us the right, at our costs, to assume defense and take legal action on any matter otherwise subject to your indemnification. But we are not obliged to do so.
14. Dispute resolution
14.1. In the event of any dispute, claim or controversy (collectively referred to as “Dispute”), you agree to send us an e-mail at firstname.lastname@example.org. You agree to privately and informally speak and solve your Dispute with us for as long as minimum thirty (30) calendar days.
14.2. If you and us can not solve the Dispute by an informal negotiation, either by law, disagreement or because the 30-days limit has concluded, you agree to proceed to an international binding arbitration upon this Agreement. You and us agree, to the maximum extent permitted by law, that this arbitration will be of “Institutional” class (as considered in the law 1563 of 2012 from Colombia), held in the arbitration center known as “Centro de Conciliación, Arbitraje y Amigable Composición de la Fundación universitaria del Área andina con sede en Bogotá”, located in Bogota, Colombia, and regulated in accordance with its arbitration rules, which can be found at the web page http://www.areandina.edu.co/aspirantes/institucion/centro-de-conciliacion/arbitraje. If the arbitration is international, you and us also agree that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will be followed to enforce arbitration awards. The arbitration may be conducted in person or online. The law 1563 of 2012 from the Republic of Colombia will govern such arbitration.
14.3. This Agreement is governed by, and will be construed under, the laws of the Republic of Colombia.
15. Additional provisions
15.1. Failure by us to enforce any term of this Agreement does not waive our right to do so.
15.2. This Agreement constitutes the entire agreement between you and us with respect to our Services. This Agreement replaces any previous agreement.
15.3. If any term in this Agreement is found to be invalid or unenforceable, the invalid portion of that provision will be enforced as consistently with our original intentions as possible, and the remainder of this Agreement shall remain valid and in full force.
15.4. All our rights and obligations in this Agreement, as well as the management of your Content, may be transferred to another entity at our sole discretion, constituting a new, equivalent agreement between you and the new entity. This may happen, for example, when the management of our Services is sold to that new entity.
Changes to the Services
16.1. We reserve the right to review, improve, modify or discontinue, temporarily or permanently, any of our Services or any aspect, Content or information residing in them at any time, effective with or without prior notice and without any liability from us to you.
16.2. However, you agree that we are not obliged to offer such maintenance or updates for our Services.
Changes to the Agreement
16.3. You can access this Agreement at any time at www.euphoricvortex.co/terms. We reserve the right to modify, add to or delete any of the terms herein as needed be at that same address. We may do so because of any changes in the nature of our products, services or business needs, or for technical or legal reasons.
16.4. We will attempt to notify you of these changes by your e-mail if we have one, but we will not be liable for any failure to do so.
16.5. You agree that if you do not accept any amendment to our Agreement then you must immediately stop accessing and using our Services.
If you have any questions, feel free to contact Euphoric Vortex™ by any of the following means:
- e-mail to email@example.com; or
- phone number (+57) 315 702 7909 (Colombia).
This section was last updated Nov 27th, 2015.
1. What Personal Information we collect
1.1. By normal usage of our Services, especially our Games, we may collect the following Personal Information that will be specifically related to you:
- user name and/or another identifier;
- a profile picture of yourself;
- a list of friends and contacts (if you have connected your Personal Information to an account, in accordance with paragraph 2.2);
- technical details of the device being used;
- internal data about any of the Games, such as game progress and highscores (referred to as “Game Data”); and
- any information you give us while contacting us, through channels including but not limited to e-mail, social networks and when filling in forms (referred to as “Contact Information”).
1.2. By normal usage of our Services, especially our Games, we may collect the following Personal Information that will not identify you directly:
- number of visits,
- time of the day you use our Services,
- details related to the way you use our Services,
- any resources that you access while using our Services, and
- other statistical data.
1.3. Although our Services may offer virtual goods to purchase, the purchase itself will not be processed by ourselves but a third party, which will hold and process any information required to fulfill the purchase. We will not collect any financial Personal Information, for example, credit card or bank account information. However, we may collect information obtained from the result of the payment process such as an identifier of the purchase you just made and whether or not it was successful.
2. How we collect Personal Information
3. How we process Personal Information
3.1. We may use and process your Personal Information to:
- successfully provide all our Services to you;
- link your progress in the Games with your identity;
- customize your experience within our Services;
- create internal reports and data analysis;
- improve the quality and design of our Services, enhancing your experience;
- contact you when you request it, explicitly or implicitly;
- deliver important communications to you;
- send you surveys or other research materials if you show previous express interest in helping us improve our Services;
- promote and market additional Services you may be interested in.
3.2. You can always send us an e-mail to firstname.lastname@example.org to opt in or out of surveys and research and marketing materials. Doing so will never negatively affect the quality we expect to provide to you through our Services.
4. How we store Personal Information
4.1. We will not store all the Personal Information we collect. Some will be processed and/or shared after collected, and later discarded. From all the information we collect (in accordance with section 1), we will not save your profile picture, gender nor list of friends and contacts.
4.2. We may store your Personal Information after you have ceased to use our Services or closed any third-party accounts you had connected to. This is necessary to help resolve future claims and disputes, meet regulatory and legal obligations and allow you to return without losing your data.
4.3. Your information may be stored and processed outside the European Economic Area, outside Australia and generally overseas.
4.4. We have implemented appropriate physical, electronic and managerial safeguards to help prevent unauthorized access and accidental or unlawful destruction, loss or alteration of your Personal Information. We also strive to limit access to Personal Information to employees. We will review our security procedures periodically to keep your Personal Information secure.
5. How we share Personal Information
5.1. We may share your Personal Information to third parties when:
- you request it, for example, by asking us to share some of your Game Data to your social networks;
- our providers require it to perform any process of your information (as specified in section 3) on our behalf;
- the information is provided to help complete a transaction for you;
- the information has previously been aggregated and anonymized;
- it is required by any law, regulation, government request or court orders, whether or not initiated by us;
6. Requests about your Personal Information
6.1. If you would like to make a request about the Personal Information we have from you, you can send an e-mail to us at email@example.com.
6.2. Such requests include adding, modifying or removing Personal Information, as well as requesting a copy of the Personal Information we have from you. You acknowledge that some Personal Information can not be modified by us because it is not under our control as it is owned by one of the third parties outside our Services.
6.3. You may also request to opt in or out of surveys and research and marketing materials, in accordance with paragraph 3.2.
7. Additional observations
8.1. If you have any questions, feel free to contact Euphoric Vortex™ by any of the following means:
- e-mail to firstname.lastname@example.org; or
- phone number (+57) 315 702 7909 (Colombia).