Updated: November 6th 2020
Thanks for playing with us!
This document details what personal information we collect, how we do it and for what purposes. We explain how you can exercise your rights and choose your options.
We also establish the Contract Conditions which will govern the relationship between you and GENERA INDIE GAMES.
If you have any questions or require any clarification or additional information, please do not hesitate to contact us.
- IDENTIFICATION DATA – LEGAL NOTICE
- COOKIES AND LOCAL STORAGE POLICY AND DATA RECOVERY
- GENERAL CONTRACT CONDITIONS
IDENTIFICATION DATA – LEGAL NOTICE
The following is the identification data of the App owner and the Data Controller, in compliance with the Spanish LSSICE, the European GDPR and the Spanish LOPD and GDD 3/2018.
COMPANY NAME: GENERA INDIE GAMES S.L. (“GENERA INDIE GAMES”) SPANISH TAX ID: B90310251
ADDRESS: C/ Cardenal Bueno Monreal 50, 2º – 41013 SEVILLE
Registered in the Trade Registry of SEVILLE under T6340, F170, S1, H SE112959
Contact Form: https://vivastudios.com/contact-us/
Data Protection Officer (DPO): Onudatos Consultores SL (“DP-CONTROL”)
DPO Contact: firstname.lastname@example.org
We collect information for the purpose of improving your experience and our relationship, always openly, trustworthily and legally.
This data collection is essential for giving you access to the service, providing you with support, addressing your requests and questions, and guaranteeing functionality. This is always based on respecting your privacy and rights and we offer you all the necessary information and our collaboration to guarantee that privacy.
- What data do we collect in the App?
All our forms have the * symbol next to obligatory data. If you do not provide said data or if you do not give us permission to access certain smartphone elements, we cannot then register you as a user or we may deny you part or all of the service which depends on that data.
You are free to enter the optional data, such as profile configuration, photo, screen name, etc. You can also modify certain information which you have provided: use the application’s control panel, the settings, or the permissions within the settings of your smartphone.
Your Android or iOS system will ask you for permission authorizations, such as permission to use location data, which is collected so we can offer you services in your region. If we ask for any extra permissions, your phone will also display the specific authorization message. If you do not give these permissions, the service cannot be provided or its usability will be reduced.
- User data
When you install the App, a user ID is generated via the store you use. When it is installed, the App creates its own folders which store its contents when it is used. ID data is, in principle, anonymous.
We may collect your date of birth or age, email address, user name and password, and your avatar details.
- General data when using the games.
We may collect open profile and chat data. Furthermore, if you choose to invite your friends, we may collect the email addresses of those friends. Ensure that you have your friends’ permission before sharing this information with us.
In order to be able to post publications or interact with other users, you must be registered and you must have filled in the obligatory fields on the form. The rest of the data you provide to complete your profile is voluntary. You can put what you want in the contact forms we provide for queries.
- Statistical data collected when the games are used
Once you access the App, we create analyses, statistics and measurements to improve that App: Differentiating between users via an exclusive and anonymous ID for the device, what the user sees, the device’s OS or when the Application is used. This data is stored locally and sent to the analytical tool in batches, every 30 minutes for Android and every 2 minutes for iOS. You can change this setting to optimize your battery.
The IDs remain the same if the Application is updated but if it is uninstalled and reinstalled, a new ID is created.
Identifiers, the IP address, the ID of the device and Application, location data at city/province/country level and player connections may be gathered via Appsflyer.com.
In terms of your device, data regarding the model, brand and operating system may be collected.
We may also collect information about use of the games, such as the date and time stamps of game events, interactions with our teams and advertising commitments and support for content developers, and registrations of transactions, or evidence of the use of cheat software or modified versions of the games.
- Surveys about your experience
We may collect data about your interests and habits, your opinion on various products and services, and what you would like to be offered in the future. We also collect your ratings, opinions, preferences, questions, images and answers associated with that survey.
- Information received from third parties
If you link the App to external platforms or social networks (Apple, Facebook or Google Play), certain activities could be published and content could be shared on them. We can associate your game profile with your account on the platform and receive your third party identification, name, avatar details and city-level location. If you give our game permission, we may also collect your email address, friends list and date of birth.
When you make payments in the games, we receive information from our payment processors about the transactions, including your Apple ID number for Apple, your postcode and state for Google, and user ID and transaction data via the Amazon Store.
We use analytical software from Delta DNA, AppsFlyer and Fire Base, and advertising software from Google Ads, Iron Source and Unity Technologies. These include your user ID and information about your interactions with the advertising shown in our games for mobile devices.
The information will be stored on servers in the EU but when American marketing and analytical applications are used, USA servers may be used, if they fulfill a level of requirements similar to those of the EU when adhering to the Privacy Shield.
We receive information from our mobile analytics partners to measure the performance of marketing campaigns or to detect fraud within them. This includes advertising ID, IP address, location and information about each transaction.
- What data do we collect on our website?
- Data stored through browsing and use of the website
By simply browsing on the website, GENERA INDIE GAMES will collect the following information:
- IP address
- Browser version
- Operating System
- Duration of visit or time spent browsing the website
The information we manage is not related to specific users and it is stored in our databases in order to carry out statistical analyses, improvements of our website, products and/or services, and to help us improve our business strategy. The data will not be transferred to third parties.
- Data provided in the contact form
You can contact us directly via the “Contact Us” section. To do so, users must identify themselves and enter their personal data so that GENERA INDIE GAMES can contact them, in the event that this contact is required in response to a request for information. The required and obligatory data to be provided by users in order to register their request is marked with the text (required). If these fields are not filled in, they will not be permitted to send the request.
This personal data will be added to the GENERA INDIE GAMES databases and stored on them in order to answer the requests for information. Afterwards, it will be deleted within a period of 3 years.
The legal basis for the processing of this data is the consent of the user who is requesting information or who needs to keep in touch with GENERA INDIE GAMES.
The purposes of this processing are as follows:
- Managing the queries or requests for information which you send to us via the website, email or telephone.
- The sending, including by electronic means, of notifications, special promotions, news or actions which may be of your interest or which you request. As this purpose is secondary to the main purpose, you will first have to put a check mark in the pertinent box.
The personal data you provide to us via this method will not be transferred to third parties and GENERA INDIE GAMES will be the party which responds directly to this type of query.
- Work with us
In the event that you provide us with your curriculum vitae, whether you do this via the website, email or physically at the address or any offices of GENERA INDIE GAMES, it will be added to our database. The CV will be stored for the period of 1 year, after which, if we have not contacted you, it will be deleted.
The legal basis for this processing is based on the interested party’s express consent for the processing of the data contained in the CV, as granted when said CV was sent and when the pertinent box was checked.
The purpose of this processing is to include the CV in current and future GENERA INDIE GAMES selection processes.
In the event that the interested party is hired as an employee of GENERA INDIE GAMES, their data shall be added to a database owned by the company for the internal management of the employee-employer labor relationship. In this regard, we would refer you to the section on data processing related to employee contracts, included below.
- Social Networks
When you become a fan, follower or similar of our company on the pages of the various social networks, you must bear in mind, in the context of this processing, that GENERA INDIE GAMES can only consult or remove your data in a limited way as it has a specific profile. You must carry out any rectification of your data or any restriction of information or publications via the profile or user settings on the social network itself. By default, you consent to:
- a) The processing of your personal data in the environments of these social networks in accordance with their Privacy Policies: Facebook , Twitter, Pinterest
- b) GENERA INDIE GAMES accessing the data contained in your profile or biography. Depending on your privacy settings on each network, this data may be more or less extensive.
- c) Published news about our events or our comments appearing on your wall or biography.
- d) Receiving communications about our products/events.
If you wish to stop following us, you just need to click on the option to “Stop being a fan” or “Unfollow”.
- Exclusion of minors
Our games are not aimed at children, although they can be used by them, in accordance with their rating, in a family environment with adult supervision from the device owner. When children aged under 16 use our games, we recommend that they obtain permission from a parent or guardian and we recommend that the parents or guardians delete the cookies from their browser and take the steps indicated in our policies to minimize the data collected. Some of our games have reduced functionality if the player is aged under 13 or aged between 13 and 16.
PEGI ratings indicate a game’s suitability for certain ages, based on its content, but even though a game may be suitable for children (if it does not contain violence, for example), that does not mean it is aimed at them. The table below shows a list of age restrictions by country:
- Chile: over 14
- Colombia: over 14
- United States: 13
- Peru: over 14
- Venezuela: over 14
- South Korea: over 14
- Vietnam: over 15
- Aruba: over 16
- Caribbean Netherlands: over 16
- Curaçao: over 16
- Saint Martin: over 16
- Austria: over 14
- Belgium: over 13
- Bulgaria: over 16
- Croatia: over 16
- Republic of Cyprus: over 13
- Czech Republic: over 13
- France: over 16
- Germany: over 16
- Greece: over 15
- Hungary: over 16
- Ireland: over 16
- Italy: over 14
- Lithuania: over 14
- Luxemburg: over 16
- Holland: over 16
- Poland: over 16
- Romania: over 16
- San Marino: over 16
- Serbia: over 15
- Slovakia: over 16
- Slovenia: over 16
- Spain: over 14
- For what purposes do we process your personal data?
- Giving access to the services of the Application or game, identifying you on it and giving you support.
- In-game purchases.
- Blocking users when they violate the conditions.
- Answering your queries and requests or processing them, and notifying you by electronic means.
- Sending push notifications, which may be advertisements, if you activate them.
- Sending commercial information or information about events by electronic means, as long as express authorization has been given.
- Carrying out analyses and measurements on the App, anonymously and with disassociated or aggregated data, and sharing this information with the company which provides us the analytics application on the market, in order to optimize our products and services.
- We create basic user profiles based on their interests, habits, location or payment history.
- We interact with our newsletters and advertising campaigns in order to create anonymous and aggregated data, to divide users who have specific characteristics or interests into segments, and to carry out predictive analyses regarding their interests in order to promote new services or products.
- Guaranteeing technical functionality, improving our relationship with the users (engagement) and improving business strategy via the development of new services or improvements.
- Moderating inappropriate comments and abusive or unauthorized usage.
- Billing. Carrying out the corresponding transactions. Declaring the pertinent taxes.
- What are the legal grounds for processing your data?
The acceptance and consent you give when you download the App, accept this policy via a contractual relationship and authorize the use of certain data via the checking of the corresponding boxes or buttons.
Our legitimate interest in improving the Application, the creation of profiles, analyses, providing information about our games, informational newsletters and advertising campaigns, and any interaction with them.
- Do we include personal data from third parties?
We only process the data of the owners. If you are going to provide third party data, you must first notify said parties of such and request their consent.
- What security measures do we apply?
We have the optimum level of security, with technical resources and measures to avoid the loss, misuse, alteration, unauthorized access and theft of your personal data, bearing in mind the state of the art, the nature of the stored data and the risks to which it is exposed.
We assume no liability arising from technical issues or failures in computer services, when these occur during connection to the internet network or when they may be caused by third parties via illegal interference which is beyond our control.
Your personal data will be encrypted when it is transferred.
- To which recipients is your data transferred?
It will not be transferred to third parties, except in cases of legal obligations such as transfers to tax authorities. Payment collection management is carried out by the store in its capacity as the data controller, depending on the payment method you used.
It will be transferred to autonomous developers or service providers only for certain tasks and when they have signed a service provision contract which obliges them to maintain the same privacy level as we do.
Any international data transfer which occurs due to the use of American applications will adhere to the Privacy Shield agreement, which guarantees that the American software companies will comply with European data protection policies concerning privacy.
There are various developers who design games and publish them with GENERA INDIE GAMES. We share information with the developer of each game so as to help them improve and grow. The list of developers who currently work with and form part of GENERA INDIE GAMES are:
- Besoccer Games SL
- Redvel Games SL
- Tale Studios SL
- One Man Band SL
- Digital Arts Games SL
- Play Gate SL
- Koron Studios SL
- Unico Games SL
- Advertising partners
We work with advertising partners who help us to install the analytics and advertisements in our games. They are all based in the European Union or the United States and they adhere to the Privacy Shield agreement, which allows the transfer of information between the USA and Europe.
Our partners are:
We also connect the games to the following social networks, with which we share information:
- Your rights
- You have the right: To know whether or not we are processing your data.
- To access your personal data.
- To request the rectification of your data if it is incorrect.
- To request the deletion of your data if it is not required for the purposes for which it was collected or if you withdraw any previously given consent.
- To request the limitation of the processing of your data in certain circumstances, in which case we will only keep it in accordance with current regulations.
- To data portability, so that your data will be provided to you in a structured, commonly used or machine-readable format. If you prefer, we can send it to the new data controller you designate. This is only valid in certain circumstances.
- To file a complaint with the Spanish Data Protection Agency, if you believe we have not acted in the correct manner.
- To withdraw, at any time, your consent to any processing to which you previously agreed to.
If you modify any data, we would appreciate you giving us notification of such so as to keep it up-to-date.
- 2.10.Forms for exercising your rights
We have forms which you can request and send, by any means, to the addresses we provide.
They must be signed electronically or else accompanied by a photocopy of your national identity document.
If you are someone’s representative, you must also attach a photocopy of their national identity document or have them sign the form with their electronic signature.
- 2.11.Deadline for responding to rights
One month after the request. Two months if it is a difficult request and we will notify you if we need more time.
- 2.12.The time for which data from the App is kept
It will be kept for as long as you are associated with us. Once you have severed your ties with us, your data will be deleted, with the exception of service provision-related information or communications which may be requested by the authorities or used to address complaints.
If you give us permission to send you advertising by other means, this consent shall remain in place until you withdraw it.
- 2.13.California Consumer Privacy Act (CCPA)
If you are a user of our services and a resident of California, you will be protected by the California Consumer Privacy Act (CCPA) in addition to the previous provisions. This regulation obliges companies to declare whether they sell personal data. In this regard, GENERA INDIE GAMES is seriously committed to the privacy of its users and does not sell its users’ personal data to third parties.
However, we work with providers who may require access to your personal information for the correct provision of the service. These providers are:
- The right to access your personal information
You have the right to request that we disclose the specific categories and data related to your personal information, including all information that can be reasonably associated with you or your home and that we have collected in the previous 12 months and still keep. If applicable, we will also notify you about:
- The types of sources we use for the collection of the personal information.
- The objective or business purpose for which we collect the information.
- The categories of service providers with whom we share information.
In certain circumstances, when you request access, we may not be able to disclose the personal information, although we will justify the reason for this refusal. Specifically, we will not disclose information:
- When it must be legally available to the registers of the federal, state or local government;
- When its disclosure creates a conflict with federal or state law;
- When it is pseudonymized information or aggregated information about consumers;
- When it is a consumer report which we have obtained from a credit agency;
- When the disclosure creates a substantial, articulable or unreasonable risk to the security of that personal information, to your account with us, or to the security of our company’s systems or networks; or
- When it is information related to your social security number, driving license number or any other government-issued number, your bank account number, any medical insurance number or medical ID, or any account password or security question or answer.
- The right to request the deletion of your personal information
You have the right to request that we delete any personal information that is about you and that we may have collected. Upon the reception of a verifiable request, we will delete your personal information from our registers and we will notify the service providers which may have accessed your data so that they can also delete it from their registers.
However, we may reject the request to delete your personal information when necessary under the following circumstances:
- To complete the transaction for which the personal information was collected, providing requested goods, services or that which can be reasonably expected within the context of our current business relationship with you, or if you form a contract with GENERA INDIE GAMES;
- To detect security incidents, to protect against malicious, deceitful, fraudulent or illegal activities; or to prosecute those responsible for that activity;
- To identify and resolve errors which may harm current expected functionality;
- To exercise freedom of expression, to guarantee another consumer’s right to exercise their right to freedom of expression, or to exercise another right determined by the law;
- To comply with the Electronic Communications Privacy Act of California in accordance with Chapter 3.6 (from Section 1546) of Title 12 of Part 2 of the Criminal Code;
- To participate in public or peer-reviewed scientific, historic or statistical research of public interest which complies with all other applicable laws on ethics and privacy, when our deletion of information may make impossible or seriously harm the success of said research, if you have provided your informed consent;
- For exclusively internal uses, bearing in mind your reasonable expectations based on your relationship with us;
- To fulfill a legal obligation; or
- To use your personal information internally in a legal way that is compatible with the context in which you provided the information.
- How to exercise your rights of deletion and access
If you are a GENERA INDIE GAMES customer, you can contact us to exercise your right to request access to or the deletion of your personal information which we may have in our possession or which we may have collected. For your protection, when you request this deletion or access, we expect you to verify your identity by accessing your password-protected GENERA INDIE GAMES account. You can exercise your right to request access to your personal information at any time, but no more than twice in the period of 12 months.
If you do not have a GENERA INDIE GAMES account but have interacted with us online or by another means, you can exercise your right to request access to your personal information.
For security reasons, when you request said deletion or access, you will need to verify your identity. When we receive a request for access or a request for deletion, we will confirm our reception of said request within 10 days and provide information about how we will process it. We will describe our verification process and how long you should wait to receive a response. We will respond to requests for access and requests for deletion within a deadline of 45 days to be counted from the reception of the request. In exceptional circumstances, we may delay our response to your request by another 45 days, giving a maximum total of 90 days from when the request was received. In these circumstances, we will notify you of such and explain the reason why your response will take more than 45 days.
If we receive a request for access to or the deletion of your personal information, which we collect or keep as a service provider, on your behalf from another company, we will reject that request and explain the reason why and, if possible we will provide you with the contact details of that company.
- COOKIES AND LOCAL STORAGE POLICY AND DATA RECOVERY
A cookie is a small file which is downloaded to a user’s device and its purpose is to store data which may be updated and recovered to optimize that user’s experience.
The App creates folders and can store analytical data which is sent periodically, as explained in the data uses section.
- Technical storage
For the App to function better (e.g. language, volume, lighting, purchases, etc.).
- Statistical and analytical analysis of service use
This is how we improve the App. This is done using tools provided by third parties who can access said content because they provide us with the tools. Get more information here.
We try to find the location of your device in order to anonymously offer you the most suitable contents and services.
These adapt the contents of advertisements to your usage of the App and your browsing profile.
- Registry cookies
The ID identifies your user account, the date when you installed the App and the services associated with the ID. It can be used in combination with analytical data to identify an individual’s preferences or advertisements in order to personalize the ads they see.
- Other third party tools
These enable the management and improvement of third party services, such as the social networks which enable the sharing of our content, or which can show advertising related to the user.
How can I configure my preferences?
If these technologies are used, we will ask for your consent to use them when the Application is installed. In the event that you block these files, it is possible that certain services which require their use become unavailable, or the advertising or content you see may be more general, but you will still receive the same amount of advertising.
You can see the list of technologies used in the following table:
How can I configure cookies?
- Microsoft Edge: Settings > Advanced settings > Privacy and services > Cookies.
- Mozilla Firefox: Tools > Options > Privacy > History > Custom settings.
- Google Chrome: Settings > Show advanced options > Privacy > Content settings.
- Safari (Apple): Preferences > Security.
- Opera (Opera Software): Settings > Options > Advanced > Cookies.
If you use a browser distinct from those above, please consult its policy for the installation, use and blocking of cookies.
Options to disable cookies and opt-out
Use the tool from www.youronlinechoices.com to find useful information and to configure your cookies preferences provider by provider.
There are more third party tools which enable users to detect the cookies of each website they visit and to manage their deactivation. For example:
- Google Analytics Opt-out Browser Add-on
- Disable advertising cookies, from NAI member companies (Network Advertising Initiative)
- For more information about cookies, go to: AboutCookies.org and AllAboutCookies.org
- GENERAL CONTRACT CONDITIONS
When you download and install the Application, use it or access our service by any means, you accept the General Contract Conditions which are detailed below and which govern your relationship with GENERA INDIE GAMES as regards your use of its games, websites and all other services.
IF YOU DO NOT ACCEPT THESE SERVICE CONDITIONS, PLEASE DO NOT INSTALL, USE OR ACCESS THE SERVICE IN ANY OTHER WAY.
IT IS NOT PERMITTED TO USE THE SERVICE WHERE IT IS PROHIBITED.
- Conditions of use
The Application is accessed via downloading from the APP STORE of Google Inc., the Apple Store from Apple or from any other device applications distributor which we supply. In no circumstances will any license or download from an unauthorized third party be valid.
The Apps consist of games with in-game purchases and with various themes.
Acceptance of the conditions and the use of the games entails your express, full and unreserved conformity with those conditions. If you do not agree, you must quit the App which uses the offered services. The services are used under your sole and exclusive responsibility.
The developer may unilaterally delete or modify the service conditions and content at any time. It can also restrict access to the service. If possible, it will inform users of any changes via the platform. New conditions will be valid from the moment of their publication and you will have to accept those changes or stop receiving the service.
These conditions are presented prior to your entry into the contract and the processing of your personal data. You can consult them again at any time. If any clause is declared void, it will be deemed not included, without affecting the other conditions.
We do not control or approve any content you publish yourself. You are responsible for everything you publish and everything you do with your account.
- User license
When you accept the Conditions, we grant you a user license for installing the App on your device and for using it, with the features and services which are provided in the current version of the game but which could change in the future.
You undertake to not use the service in any way which is not expressly permitted in the conditions.
The developer is the owner of the intellectual and industrial property rights over the App, including the graphic design, contents and databases which may be included in it.
The license is limited and non-exclusive and in no circumstances can users:
- Transfer rights, sublicense, lease, distribute or grant rights over the game to a third party.
- Remove the technical measures for software protection.
- Make or allow any modification, translation, decompiling or the carrying out of any type of reverse engineering.
- Separate the App’s services or components to use them on different devices or in a further development.
- Delete or hide any notice regarding the App’s copyrights or intellectual property.
- Use the Application for business purposes or any purposes that are simply different to the provided services, or in an unauthorized manner, or in a way that may cause an interference to accounts, networks, data or persons.
- In any way transfer, duplicate or copy, publish, distribute or provide the services, the source code or any part of the software, unless express authorization to do so is obtained.
- We reserve the right to make modifications and improvements to the Application and you will be offered the updates so that it functions correctly. It is recommended that you keep the Application up-to-date.
Unauthorized use of the information contained in the App, along with any damages caused to intellectual and industrial property rights, may lead to the filing of the corresponding lawsuits and, if applicable, the liabilities arising from said suits.
The rights over the content belong to the company which owns the App or the third party which has permission to use it, and said contents are protected by law. The content includes brands, logos, trade names, distinctive symbols, services, contents, text, photos, graphics, images, software, links and any information.
Any unauthorized reproduction, distribution, public communication, commercialization or transformation of the content constitutes an infraction of said rights. Any damages caused may lead to the filing of legal actions and to civil and/or criminal liabilities.
We are authorized to manage the consumer’s acquisition and payment of the App via the website or store where they downloaded it.
In terms of content which is published or provided by the user and which may involve copyrights, you grant us permission (free, unlimited, worldwide, non-exclusive and perpetual) to use, copy, distribute and show said content on other websites, including social networks.
- Legal age
- Conditions of the offered services
To access you must click on the Application logo. There are no passwords, you are responsible for the custody of your smartphone, we recommend that you use a phone locking password or fingerprint and that you keep it in absolute and the strictest confidentiality. Never use patterns. If more fields are required, we will request them.
The service is free but has in-game purchases that use your Google Play or Apple Store account, or the account of other stores which we may use in the future. Payments are confirmed immediately and we provide you with the purchased products straight away.
You are responsible for any false or inexact statements you make and for the damages which they may cause.
It is not permitted:
– To publish any content which may contravene the law of your country, which is malicious, over which you have no rights or which may be cruel to animals.
– To use software or code which is malicious or which may contain a virus or software that is designed to gain unauthorized access to third party computers or servers, or designed to interrupt, destroy or limit the functionality of any software.
– To defame, threaten, harass or supplant users or to violate their privacy.
– To send junk or chain mail, etc.
- Prices, applicable taxes and duties
The applicable prices of the in-game purchases are shown in the App in euros and include tax. The Store controller automatically translates them to your local currency and adds the corresponding taxes.
- Cancellation of the right of withdrawal
By law, there is a right to withdraw from a contract within 14 calendar days after you make a purchase, but this is not applicable to computer programs and applications with online downloads given that, due to their nature, the files are installed immediately on the user’s computer and can be used permanently for as long as that computer is not connected to the internet.
- Returns for malfunctions
Google allows you to return your purchase within 2 hours, on specific grounds. Apple allows returns if the content is not installed. For both sites, the only admitted cause for a legal return is if the application does not work, although if you have downloaded it, played it and then purchased it, we will deem that it worked correctly previously. Furthermore, Google analyzes devices before making a download to find out whether or not that download will work. Apple knows that a device is one of its own models and that the Applications work.
Therefore, we may ask you for information to check that it did not function since you made the purchase, and we will reject all unjustified or abusive requests. In the event that you do not receive the products you purchased in the game, please contact us and we will look into what occurred. We will attempt to provide you with the product and we will only reimburse the amount you paid in the event that this is not possible.
You can uninstall the App whenever you want. We can de-register you or stop providing the service with no prior notice, simply by notifying you of such, and with no liability. You will not be reimbursed for purchases made in the Applications although while the App is still installed on your device you will still be able to use the parts which are offline.
The Application is shown in its current state of development and the features which it has at any point in time are always adapted to the services on offer. We solely and exclusively guarantee its suitability for the services offered and for the platform or operating system for which it was developed.
In no circumstances do we guarantee the availability of the services or the veracity of the advertisements which may be offered through the App, seeing as these depend on circumstances outside of our control, such as the availability or correct function of the device or terminal on which the App is installed or the telecommunications networks. We will not be liable for damages of any nature which may arise from the aforementioned lack of availability, accessibility and functionality of the services when this is due to the previously stated reasons.
We do not assume any commitment to upgrades or continuity maintenance, and therefore at any time the App may be replaced or simply cease to be available, with no obligation or liability regarding the users.
- 4.10.Applicable law, jurisdiction and validity
These Conditions are governed by Spanish legislation and were originally written in Castilian Spanish. In the event of doubt, the Castilian Spanish version shall be prevalent over any translation errors.
As the consumer has the benefit of protection laws, they can file claims or lawsuits from the jurisdictional area of their home address. Expressly renouncing any other jurisdiction, both parties subject themselves to the Courts and Tribunals of Seville (Spain) in the following circumstances:
– If the purchaser’s home address is outside the European Union and in a country with no bilateral or multilateral agreement with Spain which impedes the possibility of fixing express submission to a jurisdictional area;
– If the matter concerns a sale-purchase made by a company which is acting within its business or professional framework.
- 4.11.Resolution of online disputes
If you are a citizen of the EU, according to Regulation (EU) 524/2013 on online dispute resolution for consumer disputes (ODR), we hereby inform you that as a consumer you are entitled to proceedings to resolve the various suits that may result from online sales in the EU.
– Get more information here
We reserve the right to delete content (photos, videos, text, etc.) if we deem that it violates any current laws (privacy law, intellectual property, industrial property, etc.).
If a user publishes illegal content (pedophilic, racist, insulting, defamatory, etc.), that content will be deleted and the account of the person responsible will be deleted immediately and definitively. Furthermore, it may be brought to the attention of the competent authorities.
We can provide channels for the reporting of content.
Do you have what it takes to succeed in creating your own games business? At Viva we are looking for a collective of ambitious, hardworking, and optimistic entrepreneurs with a real passion for making games! If this sounds like you, contact us now!