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Table of Contents
- What is Develop Your Game
- Common
- Accounts
- E-mail reminders
- Failure To Receive Welcome E-mails, Invoice E-mails Etc
- Privacy & Data Retention
- Cookies
- Pricing, Billing, Payments, and Refunds
- Cancellation
- Inappropriate Use
- Your Representations And Warranties
- Indemnification
- Limitation On Types Of Damages/limitation Of Liability
- Proprietary Rights In Service Content And Activity Materials
- Trademarks
- Governing Law And Arbitration
- Claims Of Copyright Violations
- Anti-Money Laundering Policy
- Going to Arbitration
- No Class Action
- Changes Of Terms And Conditions
- Miscellaneous
- Language
- How to Contact Us
What is Develop Your Game
Develop Your Game is a web-facilitated game creator that allows users to create games and doesn't require any programming skills. You can create your own game from scratch and publish it. There are templates/examples you can choose from, or you can launch a new project. Start building your game levels while creating different scenes and adding objects to them. You can animate or add a behavior to any object you want and manage its properties. Our interface is designed to be simple and it consists of different editors that are arranged in tabs. Using these editors, it's easy to manipulate any part of your game, and make changes until you get them perfect. And with just a few clicks, your games can be published on various modern platforms.
Common
Vilderen ltd owns Develop Your Game's website (in text “Website”) and all the related services (“Service”). The subject of these Terms and Conditions is access and use of the service. By purchasing or accessing the service you express that you have read, understood, and agreed to these Terms and Conditions. You can choose to purchase a membership with Develop Your Game. Your membership will be renewed after the trial period and then every recurring interval for the full price. There is no binding period and you can freely cancel your membership by contacting support at any time.
Accounts
You need an account to use our platform. When signing up to our platform, your account will be created, and you will be able to access it using the credentials sent to you by e-mail.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
You can terminate your account at any time by contact customer support at [email protected]. Check our Privacy Policy to see what happens when you terminate your account.
E-mail reminders
You will receive a reminder e-mail 7 days before your promotional period is set to expire, or immediately after the purchase if the promotional period is shorter then 7 days.
The e-mail shall contain the date and time of the expiration of the promotional period, as well as your invoice and a copy of these terms and conditions.
If available, terms and conditions will be sent in your local language, otherwise, they will be provided in the English language.
Failure To Receive Welcome E-mails, Invoice E-mails Etc
Develop Your Game cannot be held accountable for the subscriber not receiving the welcome email, terminations, invoices, receipts etc. It is at any time the responsibility of the subscriber to ensure that your provider or e-mail is accessible and able to receive the mentioned mails. By ensure that they do not end up in the spam folder or ”junk mail”. E-mail providers such as Hotmail and Gmail can have problems related to the e-mails sent from Develop Your Game and we advise you to use an alternative provider when subscribing to Develop Your Game.
Privacy & Data Retention
By using the Services, you agree to the terms of this Privacy Policy. You shouldn’t use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.
We collect certain data from you directly, like information you enter yourself, data about your participation, and data from third-party platforms you connect with Develop Your Game. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using.
Data you provide to us
| Account Data | In order to use certain features, you need to create a user account. When you create or update your account, we collect and store the data you provide, like your name, email, address, phone, and assign you a unique identifying number (“Account Data”). | We store this, until the account is deleted (is processed in 5 years) |
| Communications and Support | If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy. | 3 years (call logs and text dialogs) 1 month (voice recordings) |
| Account information | Account information is information about your account, such as username, password and purchase information made in the Develop Your Game service. | Until deletion of account |
| Payment data | Payment data is information about payments made on your account in connection with purchases made in the Develop Your Game service. We do not store any credit card information, this is stored by our PSP. | 10 years |
Data We Collect through Automated Means
| System Data | Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (“System Data”). | Until deletion of account |
| Usage Data | Usage statistics about your interactions with the Services, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”). | Until deletion of account |
| Approximate Geographic Data | An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address. | Until deletion of account |
How We Get Data About You
We use tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools offer you the ability to opt out of data collection.
Analytics
We use third-party browser and mobile analytics services like Google Analytics, Hotjar, and Intercom on the Services. These services use Data Collection Tools to help us analyze your use of the Services, including information like the third-party website you arrive from, how often you visit, events within the Services, usage and performance data. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.
Online Advertising
We use third-party advertising services like Taboola, Facebook, Google’s ad services, and other ad networks and ad servers to deliver advertising about our Services on other websites and applications you use. The ads may be based on things we know about you, like your Usage Data and System Data (as detailed in Section 1), and things that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services, and may be tailored to your interests.
Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, phone, or other device to collect data about your use of our Services, and may access those tracking technologies in order to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.
What We Use Your Data For
We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyze how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity.
Who We Share Your Data With
We may share your data with third parties:
- With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
- With Business Partners: We have agreements with other websites and platforms to distribute our Services and drive traffic to Develop Your Game. Depending on your location, we may share your data with these partners.
- For Advertising: If we decide to offer advertising in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools, and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you.
- For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is: Permitted or required by law; Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding; Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request; Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements; Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of Vilderen ltd, our users, employees, members of the public, or our Services. We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.
- To promote or defend against complaints or legal claims in court, administrative cases and procedures and the like;
- As part of merger and aggregation, provided that the potential buyer or seller agrees to respect and process your personal information in accordance with our Privacy Policy;
- To external auditors and supervisors
How Do We Protect Your Personal Information?
Protecting your personal information is important to us. All personal information you provide us is stored on secure servers and we have strict procedures to protect against loss, abuse, unauthorized access, change, disclosure or destruction of your personal information. Any payment transactions will be encrypted by industry standard technology and subject to PCI security standards. While we work hard to protect your personal data, we cannot guarantee that our security measures prevent any unauthorized attempts to access, use or disclose personal information. However, we maintain safety and incident plans, including plans for handling any breach of data security, in case of a physical or technical incident to handle this in a timely fashion and limit any adverse effect of such an incident.
How Can You Access Your Personal InformationWe understand that sometimes you may need additional information from us about your personal information and how they are processed or that you may want to update or correct the personal information you have given us. Therefore, you include the following rights:
Right to access your personal information:You are entitled to be verified by us if we process personal information about you and, if so, to access your personal information and data.
Right to get corrected personal information:If you find that personal information we treat about you is inaccurate, you have the right to make us correct such personally identifiable information.
Right to delete personal information (the right to be forgotten):Under certain circumstances, for example, if your personal information has been processed illegally or you have withdrawn your consent (if processing of your personal information is based on your consent), you have the right to request and delete your personal information from us.
Right to limit processing:under certain circumstances, i.e. If you contest the accuracy of your personal information or if you object to our legitimate purpose to process your personal information, you are entitled to request that we limit the processing of your personal information until a solution has been found.
Right to protest against processing:under certain circumstances, i.e. if you contest our legitimate interest in processing your personal information, you have the right to object, for reasons relating to your particular situation, against such processing.
Right to data portability: If your personal information is processed automatically based on your consent or in the performance of our contractual relationship, you have the right to request that we provide you with your personal information in a machine-readable format for transmission to another data controller.
Right to lodge a complaint with the supervisory authority: You have the right to file a complaint regarding our processing of your personal information to your supervisory authority.
If our processing of your personal information is based on your consent, you have the right to withdraw such consent at any time (however, it will not affect processing based on your consent before withdrawal) by contacting us or by updating the settings in the Service. (where relevant).
Please contact us using the contact details below to make a request for your rights. We will make commercially reasonable efforts to respond to your request within 30 days of receiving such a request. If we cannot comply with your request within 30 days, we will let you know about this, the reason for the delay and when we expect to be able to meet your request.
Also, be aware that you can change your contact preferences on the “Settings” page if you do not want to receive certain types of information from us. You can also do this at any time by contacting us at [email protected] or by calling +357 25 059508.
If you have any questions about your data, our use of it, or your rights, contact us at [email protected].
Changes To This Privacy Policy
Our Privacy Policy may be amended from time to time. Therefore, be sure to review the latest version of this policy on a regular basis. We will disclose any changes to the Privacy Policy here, and if the changes are significant, we will provide you with a more prominent message such as email. If we change this Privacy Policy in a way that will affect how we use your personal information, we will advise you about the choices you may have as a result of these changes. We will also keep previous versions of this Privacy Policy in an archive for your review.
Cookies
At Develop Your Game we wish to give you the best user experience possible, which is why we have to use cookies to store relevant information on your computer.
1. What are cookies?
Cookies are small text files containing information that a website like ours can save and read again.
2. What are we using cookies for?
We are using cookies for the following: Remembering your username and password, collect statistics about how you use our website – via Google Analytics make it possible to share via facebook and other social media, saving your name and address for relevant new promotional campaigns.
3. How to prevent or get rid of cookies?
To learn more about deleting cookies, you can use the following link:
http://www.aboutcookies.org/how-to-delete-cookies/
To learn more about controlling cookies, you can use the following link
http://www.aboutcookies.org/how-to-control-cookies
4. For how long are we storing the cookies?
The cookies we place with you are stored for a varied number of months, depending on the purpose of the various cookies. Every time you visit our website, the period is extended and they are automatically removed when they expire.
Pricing, Billing, Payments, and Refunds
PricingThe Pricing is defined below for each country, it is your own responsebility to make sure you are paying the correct price for your country of registration. If you are receiving the incorrect price for your country, you can contact customer support at [email protected].
Billing
By signing up for a membership through one of our campaigns you agree to let Develop Your Game withdraw the trial period price and then the full recurring price from the credit card used when signing up. When you buy a subscription, you will automatically be renewed until you terminate by contacting support, or going to “Settings” on Develop Your Game. You have to be at least 18 years of age and reside in one of the countries we are operating in, to have a valid subscription to Develop Your Game. There are no hidden charges when purchasing the introduction subscription, just the amount stated in the campaigns. A confirmation email for your order/payment will be sent to the email you stated upon signing up for the subscription.
Payments
You are obligated to ensure that your payment information is up to date. You agree to pay in advance of the time period during which such services are provided. Unless otherwise provided, you agree that until and unless you notify Vilderen ltd of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
You acknowledge and agree that any card and related billing and payment information that you provide will be shared by Vilderen ltd with a third party partner, such as: payment processor and/or acquirer.
You allow us to charge you for an initial trial period, followed by a monthly recurring fee to use our service, until you cancel your subscription.
Refunds
Yes, we offer a 100% refund guarantee on all orders where you request a refund within 14 days of any order.
We hope you will love everything that you order from us but if something isn’t quite right, you have 14 days to request a refund under the refund guarantee. All other cases have to be reviewed by the customer support team, and a decision is made on a case by case basis.
To request a refund, please contact the customer support team. Customer support is open Monday to Friday from Monday - Friday 00:00-24:00 (CET), Weekends 9:00 - 17:00 (CET) and will do our best to guide you and answer your questions within 48 hours on weekdays and we are closed in the weekends.
Cancellation
You may terminate or cancel the services by giving Vilderen ltd written notice via the email: [email protected] or via contacting the phone number: +357 25 059508 or by logging in to your account and canceling your subscription. In case of canceling your subscription in the maximum of 14 days from subscribing, we offer a refund for all subscription costs (trial + monthly).
You may discontinue to use and request to cancel your account and/or any Develop Your Game services at any time.
You can cancel subscription any time and your profile will be active until the next billing cycle. After that, you will no longer have access to your profile and we may delete all information on your profile. We accept no liability for such deleted information or content.
Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, hateful, harassing, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) Vilderen ltd’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Vilderen ltd or its users to any harm or liability of any kind.
Your Representations And Warranties
You represent and warrant to Vilderen ltd that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the EU and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the EU and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below. You further represent and warrant that you will carefully safeguard your password, user name, and account information, will not share your password or user name with any third party, and will not allow any third party to access your Develop Your Game account for any purpose.
Indemnification
You agree to defend, indemnify and hold harmless Vilderen ltd and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any template we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
Limitation On Types Of Damages/limitation Of Liability
Vilderen ltd will not be liable to you or any third party claiming through you (whether based in contract, strict liability, tort or other theory) for indirect, incidental, special, incidental, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Vilderen ltd has been advised of the possibility of such damages. Vilderen ltd’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Vilderen ltd for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
The software used on Develop Your Game's website could include technical, typographical, or photographic errors. Develop Your Game does not warrant that any of the materials on its website are accurate, complete, or current. Develop Your Game may make changes to the content contained on its website at any time without notice. Develop Your Game does not, however, make any commitment to update the materials and no refunds can be demanded if our software is down at times. We will ofcourse try our best to provide the best service as possible for all our monthly subscribers.
Develop Your Game has not reviewed all of the sites linked/urls to its Internet website and is not responsible for the contents of any such linked site or the content and files uploader by our users on Develop Your Game. The inclusion of any links or files does not imply endorsement by Develop Your Game of the site. Use of any such linked web site is at the user’s own risk.
Proprietary Rights In Service Content And Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Vilderen ltd or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Vilderen ltd, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, shall be exclusively owned by Vilderen ltd, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to Vilderen ltd any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Vilderen ltd or its licensors that are not expressly granted in these Terms and Conditions are reserved to Vilderen ltd and its licensors.
Trademarks
All right, title, and interest in and to the Vilderen ltd platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of Vilderen ltd and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the EU and other countries. Nothing gives you a right to use the Vilderen ltd name or any of the Vilderen ltd trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Vilderen ltd or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Governing Law And Arbitration
These Terms and Conditions, its subject matter and Vilderen ltd and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Cyprus, excluding the conflict of law provisions of that or any other jurisdiction. Any possible dispute arising between you and Vilderen ltd will be resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator in Cyprus. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
Claims Of Copyright Violations
To prove and demonstrate your suspect, as a copyright owner, that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Develop Your Game pursuant to the EU Copyright Directive by providing us with the following documentation and information in writing:
• a physical or electronic signature of the copyright owner or the person who acts on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• telephone number, address and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the law, copyright owner or its agent; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Anti-Money Laundering Policy
Be aware that Develop Your Game's business practices prohibit bribery, corrupt behavior and money laundering.
You agree that you shall remain in compliance with all applicable laws that relate to commercial or public sector bribes, money laundering, terrorism (including but not limited to local anti-corruption laws, Canada’s Corruption of Foreign Public Officials Act, the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the U.K. Bribery Act).
Should you at any point in time fail to be compliant, Develop Your Game reserves the right to terminate your account without any notice.
Going to Arbitration
If we can’t resolve our dispute amicably, you and Vilderen ltd agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
No Class Action
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Changes Of Terms And Conditions
Vilderen ltd reserves the right to modify the terms at any time. If the terms change it will be published on our website and the subscriber will have 30 days to terminate the subscription if you disagree with the terms. This will apply in a case of significant changes in your current agreement with Vilderen ltd. After the 30 days any still existing member will be deemed to have accepted the changes implied. The subscriber can at any time change address and user details via the “My profile”. The changes till then take effect in the current terms.
Miscellaneous
These Terms and Conditions represent the entire agreement between Vilderen ltd and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Vilderen ltd or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Vilderen ltd may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Vilderen ltd and you, and Vilderen ltd’s and your respective successors and permitted assigns.
Language
These Terms and Conditions were originally written in English language. In the event any translated version of this agreement conflicts with the English one, the English version controls.
How to Contact Us
Develop Your Game
Please feel free to contact us at the information below.
Develop Your Game is owned and operated by
Vilderen ltd
Georgiou Ioannidi 7, Flat/Office 103, Strovolos
2054 Nicosia
Cyprus
Business Number: HE401192
VAT Number: CY10401192H
E-mail: [email protected]
Telephone: +357 25 059508
Hours: Monday - Friday 00:00-24:00 (CET), Weekends 9:00 - 17:00 (CET)