Terms of Services

Terms of Use

Effective: February 24th, 2022

This Terms of Use is entered into between you and Visage Games (“VSG“), its subsidiaries and affiliates, (“VSG“) and applies to Visage Games's games, websites and services on which it is placed (collectively, the “Services“). Use of the Services is governed by these Terms of Use and a Privacy Policy detailing how VSG collects, uses and discloses your information. You must agree to the Terms of Use and Privacy Policy in order to use the Services.

By clicking the “I Agree” button or by using the Services, you are agreeing to be bound by the Terms of Use.

By downloading or using the game, these terms will automatically apply to you - you should make sure therefore that you read them carefully before using the game. You must be at least 13 years old to play the game. You're not allowed to copy, or modify the game, any part of the game, or our trademarks in any way. You accept that the game itself and all copyrights, trademarks, database rights and other immaterial rights in the Services (excluding content own by players) belong to VSG or they are licenced to VSG. You're not allowed to attempt to extract the source code of the game, and you also shouldn't try to translate the game into other languages, or make derivative versions.

The Hydropia™ game stores and processes personal data that you have provided to us, in order to provide our Services. It's your responsibility to keep your phone and access to the game secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Hydropia™ game won't work properly or at all.

You should be aware that there are certain things that VSG will not take responsibility for. Certain functions of the game will require the game to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but VSG cannot take responsibility for the game not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.

If you're using the game outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the game, or other third party charges. In using the game, you're accepting responsibility for any such charges, including roaming data charges if you use the game outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the game, please be aware that we assume that you have received permission from the bill payer for using the game.

Along the same lines, VSG cannot always take responsibility for the way you use the game i.e. You need to make sure that your device stays charged – if it runs out of battery and you can't turn it on to avail the Services, VSG cannot accept responsibility.

With respect to Visage Games's responsibility for your use of the game, when you're using the game, it's important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Visage Games accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the game.

On one or more occasions VSG may modify, update or patch the Services. The game is currently available on Android and the requirements for it (and for any additional systems we decide to extend the availability of the game to) may change, and you'll need to download the updates if you want to keep playing the game. VSG does not promise that it will always update the game so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the game when offered to you. We may also wish to stop providing the game, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the game, and (if needed) delete it from your device. Updates may modify the Terms of Use, gameplay mechanics or other aspects to the Services. Failing to install an update may result in an inability to use the Services, for which you shall not be entitled to a refund or compensation of any kind.

In-App Purchases

In the Services, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual currency,” including but not limited to virtual coins, solely for use in the Services, and use it to buy “virtual in-app items”, also known as "Virtual Items". You are allowed to purchase virtual currency through the Services, and not in any other way. You agree that the Virtual Items do not constitute personal property and Virtual Items and virtual currency are not legal tender or currency of any kind. All Virtual Items and virtual currency purchased by you are non-refundable. No interest is paid or earned on any virtual currency balance. VSG may manage, regulate, control, modify, or eliminate Virtual Items bought by virtual currency at any time, with or without notice.

VSG may update the pricing of virtual currency or Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. VSG shall have no liability to you or any third party in the event that VSG exercises any such rights. The transfer of Virtual Items is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer virtual currency or Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.

You agree to pay all fees and applicable taxes incurred by you or anyone using your Google's Google Play account. VSG may revise the pricing for the goods and services offered through the Services at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Hydropia™ game saves game progress to the user's device. If you delete game's save data from your device's app settings or start a new game, you lose all your progress and save data, including all your Virtual Items and virtual currency you've acquired in your previous game. We will never refund loss of purchases and/or data that occur from aforementioned actions.

Notice to EU Users

If you are a resident of the EU, you hereby agree that, by purchasing "virtual currency" or other Digital Items used in our Services, you will be provided such Digital Items in the Services immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.

Copyright Infringement

We take every precaution to avoid copyright infringements and respect the intellectual property rights of others. We will respond to notices of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Services that in good conscience you believe may infringe someone's copyright, you may notify us by e-mailing us at support@visage.fi and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:

  1. the identity of the original copyrighted work that you claim has been infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed;
  2. sufficient identification of the content on the Services that you claim infringes the copyrighted work;
  3. provide your contact information, including your full name, phone number and email address;
  4. provide a statement that you believe in good faith that the use of the allegedly infringing content on the Services is not authorized by the copyright owner, its agent, or the law;
  5. provide a statement, made under penalty or perjury, that the information in this notification and complaint is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner of an infringed copyright; and
  6. provide a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

All names, characters and products portrayed in our game Hydropia™ are fictitious. No identification with actual persons (living or deceased), buildings and products is intended or should be inferred.

Real World Weather Terms and Conditions

In our Hydropia™ game, we offer one digital service feature called Real World Weather (”RWW”), which finds weather data from most of cities in the world and presents the weather to you in the game. You can purchase this digital service feature with ”real world” money, after which you're able to use the feature for a given time. You're able to purchase either one month, three months or six months amount of time to use RWW feature and you're allowed to do follow-up purchases. This feature is not a subscription feature, but works by player purchasing ”monthly time tokens”. Every subsequent purchase is added to previously purchased time.

In the game you're able to see how much time you have left to use the feature. After that time has run out, you're not able to use the feature and your access and information will be revoked and removed from our database within 1-2 days. You're able to purchase the RWW feature again at any time and continue to use the feature if you so decide. If you decide to start a new game or want to use the feature on a different device, you can restore your purchase using the GPA -number of your latest purchase. This GPA-number must be from the receipt of the latest purchase instance of Real World Weather.

Please be advised that the feature is intented to be used on one device and we limit the amount of city search requests you can make primarily in your device, but also in our server. If you use this feature with several devices that share the same GPA -number, you might cause errors to the game system, followed by you losing all your progress and save data in the game. You also lose all rights for a refund if you use the feature in this way. We hold no responsibility for such consequences and any other consequences that are followed by game being played in a way that it is not intented to be played.

VSG cannot ensure that the RWW -feature works correctly on all targeted devices even though it is our full intent to make it work on all targeted devices. Due to the magnitude of the feature, we don't issue refunds for singular errors, but you may send a bug report to us. If the RWW -feature doesn't work in general in your device as it should, please contact us with your issue and receipt's GPA-number in our email support@visage.fi.

Real World Feature's weather data is provided by OpenWeather and uses open Creative Commons ("ShareAlike") and ODbL licenses, therefore VSG claims no ownership of the RWW feature. Please see the links to find more information about the licenses.

Player Username rules

DISCLAIMER

VISAGE GAMES' GAMES AND/OR ACCESS TO ITS GAMES ON THE SERVICES ARE PROVIDED “AS IS” AND VSG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VSG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON- INFRINGEMENT.

LIMITATION OF LIABILITY

NEITHER VSG NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAMES AND/OR THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO PLAYER'S GAME PROGRESS, ACCOUNTS, STATISTICS, INVENTORIES, USER PROVIDE INFORMATION STORED BY GAME; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL VSG BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

FORCE MAJEURE

Visage Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of VSG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond VSG’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Changes to This Terms of Use

We may update our Terms of Use from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Use on this page. These changes are effective immediately after they are posted on this page.

Contact Us

You may contact VSG regarding this Terms of Use by emailing to support@visage.fi.