END-USER License agreement
THIS END-USER LICENSE AGREEMENT (THIS “EULA”) IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND DEVS UNITED GAMES INC. WHICH GOVERNS YOUR USE OF THE GAMES PROVIDED BY DEVS UNITED GAMES INC. (INDIVIDUALLY “APPLICATION”), YOUR ACCOUNTS AND THE GAME SERVICES (“SERVICE”). THE APPLICATION FEATURES MAY VARY DEPENDING ON THE COUNTRY, OPERATING SYSTEM, DEVICE MODEL, YOUR NETWORK OPERATOR AND THE VERSION OF THE GAME.
PLEASE READ THIS EULA CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS.
USE OF THE APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW. THE TERM “APPLICATION” INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ASSOCIATED MATERIALS. THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL USER-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND WHICH MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH USER-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE APPLICATION IS RESIDENT ON THE USER DEVICE, IN THE SOLE DISCRETION OF DEVS UNITED GAMES, INC. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION. EXCEPT IN THE CASE OF APPLICATION AND GAME COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO DEVS UNITED GAMES, INC. OR ITS DESIGNEES IS GOVERNED BY THE PRIVACY POLICY OF DEVS UNITED GAMES, INC., AS IT MAY BE UPDATED FROM TIME TO TIME.
BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU
(A) ACKNOWLEDGE THAT YOU HAVE READ THIS EULA
(B) ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS EULA WITH DEVS UNITED GAMES, INC.
(C) ACKNOWLEDGE THAT YOU ARE AUTHORIZED AND ABLE TO ACCEPT THIS EULA.
1. LIMITED USE LICENSE.
DEVS UNITED GAMES, Inc. grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this EULA are reserved by DEVS UNITED GAMES, Inc. This Application is licensed, not sold. Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.
2. OWNERSHIP.
All title, ownership rights, and intellectual property rights in and to this Application, its service and all copies thereof (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, user translated in-game texts, locations, concepts, artwork, animation, structural or landscape designs, character inventories, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by DEVS UNITED GAMES, Inc. or its licensors. This Application is protected by the copyright laws of all countries, international copyright treaties and conventions, and other laws. All rights are asserted and reserved.
Your user account for the Application (“Account”) and your use of the Application and its service do not grant you any ownership interest in the Application. Neither this EULA nor your Account entitles you to any subsequent releases of the Application, or to any game products. DEVS UNITED GAMES, Inc. may update or otherwise enhance the Application at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this EULA.
3. RESTRICTIONS:
Your Account shall not be transferred, sold or used by anyone else. Regardless, you are liable for all activities conducted through your Account. You shall not assign or transfer your rights and obligations under this EULA.
Any use, reproduction or redistribution of the Application, Application-related contents or services not expressly authorized by this EULA is expressly prohibited and may result in civil and criminal penalties. YOU ARE STRICTLY PROHIBITED FROM ENGAGING IN, OR ASSISTING OTHERS TO ENGAGE IN, CONDUCT THAT WOULD DAMAGE OR IMPAIR THE QUALITY OR PROPERTY OF THE APPLICATION INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
3-1. exploit this Application or any of its parts commercially;
3-2. use this Application, or permit use of this Application, on more than one user device (e.g. computer, handset, PDA or other device) at the same time;
3-3. reproduce or make copies of this Application or any part thereof, or make copies of any of its accompanying materials;
3-4. sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of DEVS UNITED GAMES, Inc.;
3-5. reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;
3-6. modify, adapt, translate or otherwise create derivative works based on this Application or to provide any other means through which others may play the Application such as through server emulators;
3-7. disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;
3-8. remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany materials;
3-9. export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations;
3-10. take actions that impose an unreasonable or disproportionately large load on online network infrastructure or that could damage, disable, overburden, or impair any services provided in connection with the Application;
3-11. interfere with other party's use of the Application;
3-12. attempt to gain unauthorized access to third party’s Account or the Application via any means; or
3-13. violate terms and conditions set forth in this EULA and/or any other terms set forth by DEVS UNITED GAMES, Inc. in relation to the Application and its service.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses), you will not use the Application following the expiration of the permitted trial period or number of uses.
The Application may include code designed to prevent you from exceeding these limits, and such code may remain on your user device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses.
In addition to any other rights and remedies available, if DEVS UNITED GAMES, Inc. reasonably believes you have engaged, or will engage, in any of the above conduct in this section, it may, in its sole discretion and without notice, limit your access to the Application and suspend or deactivate your Account with no liability to it relating thereto.
4. REPRESENTATIONS CONCERNING AGE AND JURISDICTION.
You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use the Application. If you reside in a jurisdiction which restricts the use of applications such as this Application according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA, download, install or use the Application. If you reside in a jurisdiction where it is forbidden by law to offer or use the Application for internet communication, you may not enter into this EULA, download, install or use the Application. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use of the Application is permitted by law.
5. CODE OF CONDUCT
5-1. The Application may in parts enable the multiplayer mode, allowing communication with other users via variety of multiplayer and community functions. All users must act and interact with other users in a reasonable and fair manner. Actions such as hacking, cheating, bug exploitation, misuse of the Application, trolling, deceptive or abuse conduct is prohibited.
5-2. Respect other rights of users and act responsibly. Do not abuse, harass, troll or stalk other users. Actions such as uploading, sharing content, or using the Application in any way that is immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libelous, defamatory, threatening and/or bullying is prohibited. You must not cause disruption that will interfere with the operation of the Application, including damaging any Account, software, hardware or network. Do not upload spam, commercial, marketing, advertisement or solicitation content or promotional content or any third party links. Actions in attempt to impersonate any person, including staff of DEVS UNITED GAMES, Inc. is prohibited.
5-5. If found to be breaching any of the clauses in this Section 5, DEVS UNITED GAMES, Inc. reserves the right to terminate this EULA to immediate action and the use of the Application for the user who has violated without any refund or compensation.
5-6. DEVS UNITED GAMES, Inc. is not responsible for moderating, monitoring, or recording user actions and communications in the Application or in connection with the Application, which includes any type of post, messages via written or voice between users. DEVS UNITED GAMES, Inc., however, reserves the right, in certain cases, to moderate and monitor these content and activities in order to ensure Application users’ compliance with the terms of this EULA and holds the right to delete any content that breaches the terms of this EULA without any notice. DEVS UNITED GAMES, Inc. may proceed to cooperate with relevant game platforms and/or with law enforcement authorities in certain serious cases, which could result in disclosing any of the personal and/or relevant information to other third parties and authorities.
6. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) DEVS UNITED GAMES, INC. WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; (d) THE ENTIRE LIABILITY OF DEVS UNITED GAMES, INC. AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY APPLICATION PROVIDED BY OR ON BEHALF OF DEVS UNITED GAMES, INC. WILL BE THE REPLACEMENT OF ANY DEVS UNITED GAMES, INC, APPLICATION FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW; AND (e) NEITHER DEVS UNITED GAMES, INC. OR ITS THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE APPLICATION, NOR ANY OF THE IRRESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE APPLICATION.
7. LIMITATION OF LIABILITY.
7-1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL DEVS UNITED GAMES, INC. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF DEVS UNITED GAMES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) DEVS UNITED GAMES, INC.’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE DEVS UNITED GAMES INC’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7-2. DEVS UNITED GAMES, INC. WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS UNDER THIS EULA DUE TO ISP INTERRUPTIONS, SOFTWARE OR HARDWARE FAILURES, DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, OR FOR ANY OTHER DAMAGES THAT ARE BEYOND REASONABLE CONTROL OF DEVS UNITED GAMES, INC.
8. VIOLATION OF THE EULA AND TERMINATION.
8-1. This EULA is effective unless and until terminated by either you or DEVS UNITED GAMES, Inc. Your rights under this EULA terminate upon the termination of your Account or deletion of the Application under this EULA.
8-2. DEVS UNITED GAMES, Inc. may, at any time, for any reason and in its sole discretion, immediately terminate this EULA, deactivate your Accounts, discontinue the service or deny your access to the Application, with or without notice to you and with no liability to you or the Service if:
(a) you breach any provision of this EULA;
(b) you infringe any third party intellectual property rights;
(c) DEVS UNITED GAMES, Inc. is unable to verify or authenticate any information you provide; or
(d) upon game play, chat or any player activity whatsoever which is, in sole discretion of DEVS UNITED GAMES, Inc., inappropriate and/or in violation of the spirit of the Application or the Service.
8-3. Upon termination of the EULA, for any reason or no reason whatsoever:
(a) you will immediately discontinue use of the Application, the Service, and your Account;
(b) all rights granted to you under this EULA will immediately terminate; and
(c) you will promptly delete all installed copies of the Application and all of its component parts and related materials.
8-4. Any fees associated with your use of the Application and the Service are payable in advance and not refundable in whole or in part. Your obligation to pay accrued charges and fees will survive even after the termination of this EULA.
8-5. DEVS UNITED GAMES, Inc. reserves the right to pursue all remedies available at law and in equity for violations of this EULA. You acknowledge and agree that monetary damages may not be an adequate remedy for any violation of this EULA by you and, without limiting any of DEVS UNITED GAMES, Inc.’s other remedies, you hereby consent to, and authorize DEVS UNITED GAMES, Inc. to obtain an injunction or other equitable relief from any court of competent jurisdiction without the necessity of having to post any bond or other form of security. You further authorize DEVS UNITED GAMES, Inc. to disclose your personally identifiable information where reasonably necessary in connection with the foregoing.
9. HEALTH AND SAFETY PRECAUTIONS FOR VR GAMES
9-1. Motion Sickness. Playing VR games may cause motion sickness in some players. If you feel dizzy or nauseous when playing the Application, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding activity until you feel better. To limit the risk of motion sickness while playing the Application, do not use the Application when you are tired, need sleep, are under the influence of alcohol or drugs, are under emotional stress or anxiety, or when suffering from headaches or other health issues which may increase your susceptibility to adverse symptoms.
9-2. Play Area Precautions. Due to the nature and features of VR games, you need to give yourself plenty of room to play VR games. Always be aware of your surroundings during your game play. While playing the Application, you will be moving around the play area and using your hands to gesture and control game play. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, objects, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged during or immediately after using the Application. Never handle sharp or dangerous objects while playing the Application.
9-3. As the Application may provide an immersive virtual reality experience, you may not be able to fully see or hear your surroundings while playing the Application. Please take a moment to ensure that the play area and surrounding space is safe and free of potential hazards before game play. Sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings during game play and so as not to damage your hearing. DEVS UNITED GAMES, Inc. is not liable for any damage to property, injury or death that may occur as the result of the interactions between you and people or objects in or around the play area during your use of the Application.
10. PRIVACY POLICY.
You hereby authorize DEVS UNITED GAMES, Inc. to collect certain personal data about you. Your use of the Application is subject to DEVS UNITED GAMES’s Privacy Policy found at www.realvrfishing.com which is hereby incorporated into this EULA.
11. INDEMNITY.
You agree to indemnify, defend and hold DEVS UNITED GAMES, Inc., its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Application pursuant to the terms of this EULA.
12. PATCHES AND UPDATES.
Using the Application requires an Internet connection to servers of DEVS UNITED GAMES, Inc. As part of playing the Application and using the Service, you hereby explicitly consent to the extraction of hardware system profile data, internet connection data and any other data related to the operation of the Application through the Service from any electronic device that logs on to the Service using your Account. DEVS UNITED GAMES, Inc. may deploy or provide patches, updates and modifications to the Application that must be installed for the user to continue to play the Application. DEVS UNITED GAMES, Inc. may update the Application remotely including, without limitation, the software residing on the user’s device, without the knowledge of the user, and you hereby grant to DEVS UNITED GAMES, Inc. your consent to deploy and apply such patches, updates and modifications.
13. MISCELLANEOUS.
13-1. This EULA, including the Privacy Policy, represents the complete agreement concerning the license of this Application between you and DEVS UNITED GAMES, Inc. and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter.
13-2. If any provision of this EULA is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA will not be affected.
13-3. This EULA will be governed by and construed in accordance with the laws of the Republic of Korea.
13-4. If any provision of this EULA shall be held to be invalid or unenforceable, the remainder of this EULA shall remain in full force and effect. To the extent any express or implied restrictions are permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
14. MODIFICATION.
DEVS UNITED GAMES, Inc. may, at its sole discretion, change, modify, add to, supplement or delete any of the terms and conditions of this EULA at any time effective upon prior notice. If any future changes to this EULA are unacceptable to you or cause you to no longer be in compliance with this EULA, you must terminate this EULA pursuant to Section 8. The continued use of the Application by you will mean you accept any and all such changes. DEVS UNITED GAMES, Inc. may change, modify, suspend, or discontinue any aspect of the Application at any time. DEVS UNITED GAMES, Inc. may also impose limits on certain features or restrict your access to parts or all of the Application without notice or liability. You have no interest, monetary or otherwise, in any feature, content or availability of the Application.
15. ACCEPTANCE.
BY DOWNLOADING AND INSTALLING THE APPLICATION, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND THAT YOU WILL BE BOUND BY AND COMPLY WITH IT.
Updated November 11, 2023
PRIVACY POLICY
DEVS UNITED GAMES, Inc. is committed to protecting and respecting your privacy and complies with applicable laws for the protection of your privacy, including, without limitation, the Personal Information Protection Act of the Republic of Korea, the California Consumer Privacy Act ("CCPA") and the European Union General Data Protection Regulation ("GDPR").
This Privacy Policy explains the basis on which any Personal Information we collect from you, or that you provide to us, will be used, the control you have over your Personal Information and the procedures we have in place to protect it. By using the Service, you consent to the collection, storage and use of your Personal Information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Service and (if relevant) please uninstall the related application.
WHY WE COLLECT AND PROCESS YOUR PERSONAL INFORMATION
We collect and process Personal Information for the following reasons:
(a) where you have given consent to it;
(b) where it is necessary for the performance of our agreement with you to provide a full-featured gaming service and deliver associated content and services; or
(c) where it is necessary for compliance with legal obligations that we are subject to (such as legal obligations under tax laws).
INFORMATION WE COLLECT FROM YOU
1. Information you give us
When you are engaged with our service, such as when registering as a member and/or using our paid-for or free services (the “Service”), you may be asked to provide personal information that identifies you personally (“Personal Information”). This may include your name, email address, gender, date of birth, country and/or preferred language. From time to time, you may be asked to submit Personal Information in order to receive or use parts of the Service or for the purposes set forth in this Privacy Policy. By entering your details in the fields requested, you enable us to provide you with the products, content or services you select. If you do not provide us with all or part of the Personal Information requested, some parts of the Service may not be available to you.
In order to make a transaction on the Application (e.g. to purchase products, content or services), you may need to provide payment data to DEVS UNITED GAMES, Inc. to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date and security code) to DEVS UNITED GAMES, Inc., which DEVS UNITED GAMES, Inc. will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, DEVS UNITED GAMES, Inc. will receive data from your payment service provider for the same reasons.
2. Information we receive from third parties
Whenever you provide such Personal Information (whether to us directly or to the third party collecting it on our behalf) or we receive it with your permission from the third parties (such as social network operators), we will treat that information in accordance with this Privacy Policy.
3. Disclosure of your information
You may decide to disclose some of your Personal Information to other users of the Service (for example, in the course of playing an online or mobile game). In this context, you should only provide information that you are entirely comfortable with providing, and we strongly recommend that you do not provide any detailed information that could be used to make uninvited or inappropriate personal contact with you.
4. Information our software may collect
Microphone may be used as an optional feature for users to activate in terms of some functions in the game. This data is processed by the servers managed by DEVS UNITED GAMES Inc. This data is not stored within the servers.
We may also collect certain usage data, such as pages visited and actions performed in offline/online services used within the game by utilizing the analytic services. This information is generally not personally identifiable information, and generally is not aggregated with your other Personal Information. If it is personally identifiable, or aggregated with Personal Information in a way that makes you personally identifiable, we will treat the aggregated information as Personal Information under this Privacy Policy. We generally use usage data to improve the Service to you and to customize and enhance your experience of the Service.
AN IMPORTANT NOTE TO PARENTS OR GUARDIANS
We encourage parents or guardians to take an active interest in their children’s use of VR platforms. Their involvement is essential to help ensure a safe and rewarding experience for their children. Parents or guardians should be aware that there are software tools available that screen objectionable content and allow you to prevent children from disclosing their Personal Information without your permission.
We will not intentionally collect any Personal Information from children under the age of 13. They may view, but may not participate in activities that require submission of Personal Information, such as message boards, contests or sweepstakes.
In addition we take particular care when processing the Personal Information of children aged 13 or older to ensure that such information is processed in accordance with this Privacy Policy.
HOW WE USE YOUR PERSONAL INFORMATION
We may use the Personal Information collected from the Service to enable your efficient use of the Service, as well as for marketing, promotions, research, analysis, product service, service improvement and development. Where permitted, we may occasionally use your Personal Information to contact you by email to inform you about our products.
We will not use your Personal Information for marketing or promotional purposes without having first obtained your consent to do so. In any further marketing or promotional communications we send to you, we will give you the opportunity to withdraw your consent to receiving such communications in the future. To do so, please follow the "Unsubscribe” instructions on the communications you receive. If you have opted in to allow us to share your Personal Information with third-party providers of products, content or services that we believe may be of interest to you, you can opt out of further direct communications from any such third party by contacting that third party directly.
We may also use your Personal Information for the purposes of:
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Processing and administering your registration as a member and/or use of paid-for products, content or services;
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Performing any contracts concluded between you and us (including our end-user license agreement), including providing you with the part(s) of the Service that you have requested, along with any support services and any related information and communications;
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Running competitions and other promotional events;
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Conducting surveys as to the quality of the Service or of parts of it;
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Miscellaneous customer service correspondence (such as notifying you of changes to our products, content or services);
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Processing details of your personal interests and preferences submitted to us via the Service;
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Processing details of your use of the Service (including traffic data, location data and other communication data) and your online or wireless activity on the Service (including information on your game usage, such as your scores and rankings); and
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Other general or special use that you may permit under any particular request for permission that we may make from time to time.
We reserve the right to monitor your account and records to check any complaint or allegation of abuse, infringement of third-party rights or any other unauthorized use of the Service.
DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES
We may disclose your Personal Information to third parties where:
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They provide products, content or services to us in connection with your use of the Service;
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Our company or substantially all of our assets are to be acquired by a third party, in which case we may disclose your Personal Information to the prospective acquirer and your Personal Information held by us through the Service will be transferred accordingly; or
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We reasonably believe that we need to disclose your Personal Information to other person(s):
(a) by order of any court or governmental or regulatory body of competent authority,
(b) to comply with any legal obligation,
(c) to enforce or apply our end user license agreement or other contracts and/or
(d) to protect our, our customers’ or any other third parties’ rights, property or safety (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
We may also process your Personal Information to anonymize and aggregate it with other data and to disclose such anonymous and aggregate data to our affiliates and/or business partners.
Except as required or allowed by law or as set out in this Privacy Policy, we will not disclose or dispose of your Personal Information to any third party without your permission.
WHERE WE STORE YOUR PERSONAL INFORMATION
All information you provide to us is transferred, stored or processed on secure servers hosted by us or third parties providing hosting, payment or other services for us. Our or the third parties’ personnel may be engaged in, among other things, the processing of your payment details (where applicable) and the provision of support services.
By submitting your Personal Information, you agree to this transfer, storing and processing.
HOW LONG WE STORE INFORMATION
We will only store your information as long as necessary to fulfil the purposes for which the information is collected and processed or — where the applicable law provides for longer storage and retention period — for the storage and retention period required by law. After that your Personal Information will be deleted, blocked or anonymized, as provided by applicable law.
In particular, if you terminate your User Account, your Personal Information will be marked for deletion except to the degree legal requirements or other prevailing legitimate purposes dictate a longer storage.
In certain cases, Personal Information cannot be completely deleted in order to ensure the consistency of the gameplay experience.
Please note that DEVS UNITED GAMES, Inc. is required to retain certain transactional data under applicable statutory commercial and tax laws for a period of up to five (5) years.
INFORMATION SECURITY
We take every reasonable administrative, technical and physical safeguards to protect against the loss, misuse, unauthorized access, disclosure, destruction or alteration of your Personal Information and to ensure that it will be processed in accordance with this Privacy Policy. Any payment transactions will be encrypted.
We will maintain data security by protecting the confidentiality, integrity and availability of the Personal Information, defined as follows:
(a) Confidentiality means that only people who are authorized to use the data can access it;
(b) Integrity means that Personal Information should be accurate and suitable for the purpose for which it is processed; and
(c) Availability means that authorized users should be able to access the data if they need it for authorized purposes.
Where we have given you (or you have chosen) an account password that enables you to access certain parts of the Service, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Once we have received your information, we use strict procedures and security features to try to prevent unauthorized access. Unfortunately, the transmission of information via the internet, mobile networks or wireless technology is not completely secure, nor is any method of electronic storage. You acknowledge and accept that others may intercept or otherwise access the Personal Information you provide to us, and that any such transmission or storage is at your own risk.
One easy and important way to protect your Personal Information is to keep your account password confidential and to close your browser when you are away from your device.
You can check and edit the Personal Information we hold about you at any time via the Service or by contacting us by email or post (details below).
TRACKING DATA AND COOKIES
We use "Cookies", which are text files placed on your devices, and similar technologies to help us analyze how users use our Service, as well as to improve the Services, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you.
OTHER SERVICE
The Service may interact with other online or mobile products, content or services (such as websites, social networks or mobile applications), including via (a) links from or to the Service, (b) Service log-ins hosted by third-party sites or applications and (c) Service content hosted on third-party sites or applications (such as social media plug-ins).
We may provide some of your Personal Information to (or receive it from) the operators of such third-party sites or applications, where required for the effective provision of such interactive features (including in the context of in-game or in-site advertising or co-branded offerings provided by us in association with third parties). We are not responsible and accept no liability for their content or their operators’ privacy practices (including any tracking technologies that they may use). Before providing any Personal Information to them, please refer to their relevant privacy and cookies policies.
YOUR RIGHTS
You have rights:
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To withdraw your consent to us processing your Personal Information for marketing purposes (as described above);
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To access Personal Information held about you and to obtain a copy of it by contacting us by email. If requested, we will use reasonable efforts to supply, correct or (as appropriate) delete information about you on our files;
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To prevent any processing of Personal Information where that processing is no longer necessary, is unlawful, or where we do not have legitimate grounds for processing;
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To obtain without undue delay the rectification or completion of Personal Information which are inaccurate or incomplete;
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To restrict or object to the processing of your Personal Information and to request its erasure under certain circumstances;
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If we ever undertake such processing to be informed about any use of your Personal Information to make automated decisions about you, and to obtain meaningful information about the logic involved, as well as the significance and the envisaged consequences of this processing;
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To lodge a complaint about the way in which your Personal Information is being used to a supervisory authority.
Where we rely on your consent to use your Personal Information, you have the right to withdraw that consent at any time.
EUROPEAN DATA PROTECTION RIGHTS (GDPR)
If the processing of the Personal Information about you is subject to the European Union General Data Protection Regulation ("GDPR"), you have certain rights with respect to that data:
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You can request access to, and rectification or erasure of, Personal Information;
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If any automated processing of Personal Information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the Personal Information in a usable and portable format;
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If the processing of Personal Information is based on your consent, you can withdraw consent at any time for future processing;
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You can object to, or obtain a restriction of, the processing of Personal Information under certain circumstances; and
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For residents of France, you can send us specific instructions regarding the use of your data after your death.
To make such requests or contact our Data Protection Officer, please use the contact information at the bottom of this statement. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident and the processing of Personal Information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information:
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You have a right to request that we disclose to you the Personal Information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such Personal Information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at support@devsunitedgames.com.
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You also have a right to request that we delete Personal Information under certain circumstances, subject to a number of exceptions. To make a request to delete, contact us at support@devsunitedgames.com.
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You have a right to opt-out from future “sales” of Personal Information.
Note that the CCPA defines “sell” and “Personal Information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In particular, we may let advertising and analytics providers collect IP addresses, cookie IDs, and mobile IDs through our sites and apps when you use our Service, but do not “sell” any other types of Personal Information. For more information, including how to opt-out, please see the Cookies section of this Privacy Policy.
We do not knowingly sell the Personal Information of minors under 16 years of age.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide or delete specific pieces of Personal Information we will need to verify your identity to the degree of certainty required by law. We will verify your request by requiring you to provide information necessary to verify your account.
Finally, you have a right to receive notice of our practices at or before collection of Personal Information, and you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided Personal Information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes.
Please be aware that we do not disclose Personal Information to any third parties for their direct marketing purposes as defined by this law.
California Customers may request further information about our compliance with this law by e-mailing support@devsunitedgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated e-mail address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To remove content or information you have publicly posted, please make your deletion request by emailing us at support@devsunitedgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
HOW TO CONTACT US
If you have any questions on this Privacy Policy or our use of your Personal Information, you can email us at support@devsunitedgames.com.
CHANGES TO THIS PRIVACY POLICY
We keep our Privacy Policy under regular review, and we may at any time update or otherwise modify this Privacy Policy. We will notify you of any changes to our Privacy Policy by posting the modified Privacy Policy on the Service and, where appropriate, notify you by email. By then continuing to use the Service, you will be bound by the modified Privacy Policy. You are encouraged to check the terms of our Privacy Policy whenever you access the Service.
Updated November 11, 2023