Orchid Games Terms Of Service
Effective Date: 2022-01-21
www.orchidgames.com is owned and operated by Orchid Games, a mobile game company existing under the laws of Poland. Our mission is to provide quality games for mobile game players around the world.
"Our website" or "this website" - refers to www.orchidgames.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Orchid Games.
"We", "Us", and "Our" - shall be used interchangeably and shall refer to Orchid Games, its owners, its affiliates and/or subsidiaries, and any person or entities associated with Orchid Games.
"Visitor" - is someone who merely browses this website but has not registered an account.
"Player" - is someone that has registered an account with us to make use of our services.
"User" or "Users" or "You" - is a collective identifier that refers to either a Visitor or Player.
"Account" - means an account created by a Player to access our Services.
"Services"- shall collectively mean our products and services, mobile game, content, and our website.
"Virtual Items" - means virtual in-game items and virtual currency (points, coins, cash, and tokens).
"Offers" - collectively refer to special gifts (virtual and tactile) and special programs which Orchid Games may offer occasionally to qualified Players.
"User Content"- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes Player profile pictures, in-game text, and in-game art or other content authored or designed by a User.
By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. Orchid Games reserves the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.
CHANGE TO THESE TERMS
Orchid Games reserves the right, at its sole discretion and without prior notice, to make additions, modifications, remove, or change portions or all of these Terms at any time. Users will be notified about any changes through in-game notification. In addition, Players will be notified through a message sent to their associated account e-mail.
Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
In cases of disputes, the version of the Terms at the time we receive your dispute notice will be applicable in resolving your dispute with Orchid Games.
ACCOUNT REGISTRATION AND SECURITY
All personal information you supply Orchid Games must be accurate, complete, and promptly updated if there is any change, particularly your email address.
Your account is not transferable or assignable and is void where prohibited. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through your account whether authorized by you or not, including any purchases. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Who is eligible to use our Services: We are happy to have you play our games, but our games and services are limited to eligible Users.
- You are not permitted to use our Services if you are below the age of 13. Users below the age of majority require a parental or legal guardian to agree to be bound by these Terms and other terms applicable to the use of our Services. Such parental or legal guardian shall be fully responsible for any acts or omissions of the User below the age of majority.
- Our services are designed for personal use only. Businesses, organizations, or companies are prohibited from using our Services.
- You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.
- You are prohibited from further use of our Services if you have been suspended or banned from our Services. You can be eligible again if your suspension or ban is lifted at our sole discretion.
USING OUR SERVICES
Orchid Games provides you games and Services while you provide the equipment (phones, computer, tablet, etc.) needed to play our games or access our Services. To play our games or access our Services, you may need an account with us or have an account with a social media network (like Facebook) which can be used to log into our services after you grant us certain permissions.
You must follow our terms applicable to the use of our Services. If you access our Services through a social network or you downloaded our Game through a third-party service like google play store or Apple then you must agree and comply with the terms of such a third-party platform.
From time to time, and to provide you with a better experience, our Services will likely evolve through remote updates which you will be required to accept. We reserve the right to discontinue, temporarily or permanently terminate or suspend our Services or part of our Services at any time. Orchid Games will not issue a refund, benefit, or compensation in any form in respect to such suspension or termination of Service or virtual items earned or purchased unless applicable law requires us to do so.
OWNERSHIP; USER LIMITED LICENSE
Games and Services: All contents provided to you by our Services are owned and licensed to Orchid Games. Our contents and all associated Services are trademarked, copyrighted, and have obtained worldwide intellectual property rights. All rights are reserved. Orchid Games, subject to your acceptance and abiding by these Terms grants you a limited license to use our services for personal, non-commercial, and entertainment purposes only. You agree not to use our services in any way that will tarnish the good public reputation of Orchid Games or bring Orchid Games any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
We reserve the right to terminate and delete data on accounts that are dormant (i.e, not logged into) for a period of 180 days. Refunds or compensations won't be offered to such account owners. You are solely responsible for securing and backing up your content.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF ORCHID GAMES WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Your Account and Virtual Items on Orchid Games: All accounts and virtual items whether earned or purchased remain the sole property of Orchid Games irrespective of any statement in our Terms or other terms of our Services. Orchid Games grants you limited license and usage rights to your account and virtual items while using our Services.
Transfer, sublicensing, gifting, or transacting virtual items in any form outside our Service is void and highly prohibited. Users found to engage in such illicit behavior will be banned from using our Services.
Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, artworks, videos, audios, etc. (all collectively referred to as "User Content") The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Orchid Games.
The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Orchid Games to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Orchid Games.
In order to post, transmit, upload, or publish any content on our Services, you agree that such content is:
- Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.
- Authentic and accurate
- not in violation of any local, federal, or international law.
- not considered to be confidential
- not prohibited or in violation of any section of our Terms.
- free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, e.t.c
All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.
User content license to Orchid Games ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are:
- User contents that are licensed to Orchid Games under different license terms and agreements.
- Contents a User shared with other Users which has been made public or have been stored privately.
- Contents a User submitted to us in response to promotions which may be subject to different terms of the promotion.
We will take necessary steps to delete User content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.
Comments transmitted within the public section of our Service (blogs, forums, comment sections, chats, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.
Orchid Games won't be liable for any inappropriate use of your content which was copied from the public section of our Service by other Users
We reserve the right at our sole discretion to delete User content that doesn't comply with our Terms of Service, and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.
MONITORING USE OF SERVICES AND USER CONTENT
Orchid Games does not and is not obligated to monitor User content or conduct of Players using our Services. We do not endorse or approve content posted by Users so we cannot guarantee the accuracy or appropriateness of your view. Users are responsible for the content they post, Orchid Games is not responsible for such content and won't be liable for any damage caused by such information. Using our Service is at your sole discretion, you understand you may be exposed to content that are offensive or Players with inappropriate behavior. If you encounter such offensive content or a Player violating our Terms or abusing our Services, kindly let us know immediately by using the "Report" button or contact customer support.
Without notice, we may choose to modify, reject, or completely delete any User content we find inappropriate or to be against our Terms of Service and may further limit or terminate a Player's account for posting content that are against or violates our Services.
YOUR INTERACTIONS WITH OTHER PLAYERS
Communications and interactions between Players are solely at the discretion of the Players involved, we do not interfere in such interactions unless during a dispute if we so desire. By communicating and interacting with other Players, you accept all liability you agree not to hold Orchid Games, or anyone associated with Orchid Games responsible for any loss, claims, demands, damages, or compensations of any kind arising from your communication or interactions with another Player.
We offer you the ability to play against your friends, family, or other opponents who are real people but sometimes, we may match you with AI-generated players with the right skill level when there are no real players available to play against.
We provide you access to games, Virtual Items, and other related products as a Service. You make payments with "real world" money to acquire rights and a limited license to use our Services and related virtual items.
How it Works:
Visit the purchase page of any of our games, select the virtual item or purchase you wish to make, then input your billing information to buy the associated virtual item. Payments are usually processed by a secure third-party payment processing Apple or Google if you are purchasing through your mobile device. After your purchase is completed, you will be granted the right and limited license to use our virtual items in our games.
When purchasing any of our Service or Virtual items, you will be able to see the amount associated with the specific item and the payment methods available to you. Upon completion of your purchase, Apple or Google may send you email confirmation containing details of your order. Kindly verify the confirmation details are correct. Your confirmation email is your receipt, we advise you to save a copy.
All purchases made through Apple and Google are governed by the respective platform's terms and conditions, Orchid Games is not associated with such payment. Users are advised to review the policies of these companies regarding payment processing before buying. You can contact Apple or Google Billing Support team for questions concerning refunds of purchases made through Apple or Google.
Your limited license and rights to the items and Services you purchased begin as soon as your payment is accepted.
By proceeding with your purchase and by clicking the purchase/order button on the purchase window or page:
- Your virtual items will only be delivered after we have accepted your order.
- You agree and confirm the virtual item you are purchasing is not refundable, therefore, cannot be canceled after purchase; and
- if you are a resident of the European Union (the "EU'), you waive the right to cancel under the EU's Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You acknowledge and agree that the Virtual Items you earn or purchase within our Services are merely virtual item that are not tangible and can only be used within our Service, you understand and agree that all Virtual Items within our Services remains the property of Orchid Games, that your purchase is only to obtain a limited license to use such virtual item and it does not equate any real currency value. Your Account with Orchid Games and any associated account balance does not reflect real-world or real-currency account balance but instead constitutes a measurement of the extent of your limited license.
NO REFUND POLICY
All sales and purchases from Orchid Games are final and non-refundable for any reason. We do not offer any sort of compensation or money for unused Virtual Items or Items purchased that don't fit your purpose. What you purchase is a limited license and the right to use existing virtual items. When your account is closed voluntarily or involuntarily, you will automatically lose the virtual items and the limited license granted to the associated account, no refund will be issued irrespective of the payment method or platform you used while purchasing the Virtual Item.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
OFFERS AND PROMOTIONS
We may occasionally offer Users limited-time promotions. Kindly read the official rules associated with such promotions which are considered part of these Terms,
Additionally, we may promote offers from time to time. Our giving and your acceptance of such offers are optional. All offers are not redeemable, transferable, or exchangeable for other things of value, except at our sole discretion. Some of our offers may be subject to taxes and other charges, or activities outside of the virtual world, such conditions will be disclosed to you before you accept an offer. Your acceptance of an offer binds you to the terms of such offer, you assume all liability associated with the accepted offer.
We may feature advertisements from third-party companies through links on our games or website, some of these third-party advertisements provide you promotional offers and offer you some features of the Services or upgrade (such as in-game currency) in exchange. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.
You agree not you hold Orchid Games liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.
Orchid Games takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act ("DMCA"), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Orchid Games reserve the right to terminate the account of any player that infringes the intellectual property rights of others (repeatedly) without notice.
FEEDBACK AND UNSOLICITED IDEAS
We may require you to leave us feedback on certain features through a customer insights program or through a promotion. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a promotion or program, your feedback is subject to the guidelines of the specific promotion or program.
All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Orchid Games assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL "DEFECTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ORCHID GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR SERVICES. ORCHID GAMES MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ORCHID GAMES MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL ORCHID GAMES OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF ORCHID GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ORCHID GAMES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID FOR THE PURCHASES MADE THROUGH OUR SERVICE.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Poland.
SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from Orchid Games, any attempt to do so without our consent is void.
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Orchid Games relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
LANGUAGE OF THE TERMS
Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.
Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
Notices will be sent posted on www.orchidgames.com or through other means of communication depending on the contact information we have on file.
All notices from Users must be in writing and addressed to [email protected] unless we stipulate another specific means of sending us notices.
Questions about these Terms of Service should be sent to us at [email protected]