These Terms of Service (the "Terms") are a legally binding agreement between you and Sparrow Soul ("we", "us", "our") about your use of Virtunatia: the website at virtunatia.com, the Virtunatia mobile app, your Virtunatia account, and the services behind them (together, the "Services").
By creating an account or otherwise using the Services you agree to these Terms and to the Privacy Policy, which explains how we handle personal information and forms part of this agreement. If you do not agree, do not use the Services.
1. Who we are
The Services are operated by Sparrow Soul, the team building Virtunatia. The company that will own and operate the Services is being registered; this section will name it, with its registered address, when that is done and before the Services open to the public. Until then you can contact us at contact@virtunatia.com.
2. Who may use the Services
You must be at least 16 years old to use the Services. If you are under the age of majority where you live, you may use the Services only if a parent or guardian has read these Terms, agreed to them on your behalf, and supervises your use. By using the Services you confirm that this is the case.
You may not use the Services if you are barred from doing so under the laws of the country you are in, or if we have previously suspended or closed an account of yours for breaching these Terms.
3. The state of the Services
Virtunatia is in pre-alpha development. What exists today is an account, this website and an early version of the app; the persistent world, the building and crafting, the civic and social features described on the site are being built and are not yet available. Features may appear, change or disappear between one visit and the next, may not work as intended, and may reset — including anything you have created or accumulated in them — without notice; we may also withdraw the Services altogether. We may close registration for periods of time; existing accounts keep working when we do.
Please treat the Services as a work in progress and do not rely on them for anything important.
4. Your account
Creating it. To use most of the Services you need an account. You must give a working email address and confirm it with the code we send; choose a username of your own; and pick a password that meets the rules shown at sign-up. You may add a display name. The information you give us must be true and kept up to date.
Usernames and display names. Your username and display name are shown to other users. They must not impersonate another person or organisation, infringe anyone's rights, or be offensive or misleading. We screen every username and display name automatically before it is accepted and may refuse, or later change or remove, one that breaks these rules. Refusing a name is not a judgement about you; an automatic screen is sometimes wrong, and you are welcome to choose another.
Keeping it safe. Your account is personal: one account per person, and it may not be shared, sold or transferred. Keep your password confidential, and tell us at once at contact@virtunatia.com if you believe someone else has used your account. You are responsible for everything done through your account until you tell us.
Managing it. You can change your email address, username, display name and password, and delete your account, at virtunatia.com/account or in the app. Deleting your account is permanent: what is removed, and when, is described in the Privacy Policy.
5. Acceptable use
Use the Services only for their intended purpose and in accordance with the law. In particular you agree not to:
- access or use the Services through automated means — bots, scripts, scrapers or the like — or bypass, probe or interfere with any security, rate-limiting or access-control measure;
- create accounts by automated means, under false pretences, for another person without their consent, or in order to evade a suspension;
- attempt to obtain another user's password, session or account, or to impersonate anyone;
- harass, threaten, abuse or defame anyone, or use anything you learn through the Services to do so;
- upload or transmit malicious code, or anything designed to disrupt or overload the Services or the systems they run on;
- collect other users' information, including usernames and email addresses, or send unsolicited messages;
- copy, modify, reverse engineer, decompile or create derivative works of the Services or any part of them, except where the law allows it regardless of this clause;
- use the Services for any commercial purpose we have not agreed to in writing, or to compete with us;
- use the Services in a way that breaks any law or regulation that applies to you.
We may investigate suspected breaches, and may report unlawful activity to the authorities.
6. Your content
Today the only content you can put into the Services is your username and display name. As the Services grow you will be able to build, write and create within them ("your content"). This section applies to your content whenever it exists.
You own it. We claim no ownership of your content. To run the Services we need permission to use it, so you grant us a worldwide, non-exclusive, royalty-free licence to store, copy, display, adapt, transmit and distribute your content as part of the Services — including showing it to other users, which is what a shared world is for. The licence lasts for as long as your content is in the Services and, for copies that other users have already made or that persist in the world after you remove it, for as long as those copies exist.
You are responsible for it. You confirm that you have the rights needed to grant this licence, that your content does not infringe anyone's rights or break any law, and that it complies with these Terms. We may remove or hide content that we reasonably believe breaks them, without notice.
Feedback. If you send us ideas, suggestions or other feedback about the Services, you agree that we may use it without restriction or payment to you. Do not send us anything you consider confidential.
Moral rights. To the extent the law allows, you waive any moral rights in your content and your feedback, so that we can use them as this section describes.
7. Our intellectual property
The Services, and everything in them that we made or license — the software, the art, the sounds, the text, the design, the Virtunatia name and marks — belong to us or our licensors and are protected by copyright, trademark and other laws. Subject to these Terms we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose. No other right is granted; in particular you may not use our name, logo or art without our written permission.
8. The app and updates
The Virtunatia app is licensed to you, not sold. When you install it from an app store, that store's terms also apply to the download and to any purchases you make through it. The app checks for updates to its code when it starts and installs them automatically; updates may add, change or remove features. We may stop supporting versions of the app, or of the operating systems it runs on, at any time.
The app and the website use third-party services to run — hosting, error reporting, analytics and the like. Which ones, and what they receive, is set out in the Privacy Policy.
9. Suspension and termination
You may stop using the Services and delete your account at any time.
We may suspend, restrict or close your account, or block access to the Services from particular addresses, if we reasonably believe you have breached these Terms, if the law requires it, or if it is necessary to protect the Services or other users. Where we can, we will tell you why. We may also close accounts that have never been verified.
Sections 6 (for content already shared), 7, 10, 11, 12 and 14 survive the end of this agreement.
10. Disclaimers
The Services are provided as is and as available, with all their faults. To the fullest extent the law allows, we disclaim all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy or reliability. We do not promise that the Services will be uninterrupted, secure or error-free, that defects will be fixed, that data will not be lost, or that the Services will meet your expectations. You use them at your own risk.
Nothing in these Terms excludes or limits any warranty or right that the law of your country gives you and does not allow to be excluded.
11. Limitation of liability
To the fullest extent the law allows, we and the people who work with us will not be liable to you for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, revenue or goodwill, arising out of or in connection with the Services or these Terms — however caused, and even if we were told it might happen. To the same extent, our total liability to you for all claims arising out of or in connection with the Services or these Terms will not exceed the greater of the amount you paid us for the Services in the twelve months before the claim (which today is nothing) and fifty euros.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow to be limited.
12. Indemnity
If someone brings a claim against us because of your content, your use of the Services or your breach of these Terms or of the law, you will defend us and pay the resulting losses, costs and reasonable legal fees. We may take over the defence of any such claim at our own expense, in which case you will cooperate with us.
13. Changes to the Services and to these Terms
We may change, suspend or discontinue any part of the Services at any time, and we may change these Terms. If a change to the Terms is material we will tell you — by a notice on the website, or by email to the address on your account — before it takes effect, and the date at the top of this page will change. If you continue to use the Services after the change takes effect you accept the new Terms; if you do not accept them, stop using the Services and delete your account.
14. Governing law and disputes
The law that governs these Terms, and the courts that will hear any dispute arising out of or in connection with them or the Services, are those of the country in which the company operating the Services is registered. That registration is in progress, and this section will name the country, the law and the courts when it is complete and before the Services open to the public. If you are a consumer in a country whose law gives you the right to bring proceedings in your own courts or to rely on its consumer-protection rules, nothing here takes that right away.
Before going to court, please write to us at contact@virtunatia.com; most problems can be resolved that way.
15. General
These Terms and the Privacy Policy are the whole agreement between you and us about the Services. If part of these Terms is found to be unenforceable, the rest remains in force. Our not enforcing a provision is not a waiver of it. You may not transfer this agreement; we may transfer it to a successor of the Services, who will be bound by it. We are not liable for anything outside our reasonable control. Nothing in these Terms creates a partnership, employment or agency relationship between you and us. Notices to you are given electronically — on the website, in the app or by email to your account's address — and you agree that electronic notices and records satisfy any requirement that they be in writing.
16. Contact
Questions about these Terms: contact@virtunatia.com.