Terms of Service

Anyone may browse and play games. To create an account you must be at least 13 years old, or the minimum age required in your country to agree to these Terms without a parent's consent, if higher. If you are under the age of majority where you live, you may only use an account with permission from a parent or legal guardian, who agrees to these Terms for you.

You may not use the Service if you are barred from doing so under applicable law.

Give us accurate information, keep your password secret and tell us at [email protected] if you think someone else has accessed your account. You are responsible for activity on your account. One person, one account: accounts may not be sold or transferred. You can delete your account at any time.

Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own non-commercial entertainment. All rights not expressly granted are reserved by Vexil LLC and its licensors.

Most games on VoltyPlay are created by independent developers and supplied by licensed distributors. They are embedded from the distributor's servers and remain the property of their creators. The games, their content, in-game ads and any in-game purchases are provided by those third parties and are governed by their own terms and privacy policies.

We do our best to check games before we publish them, but we do not control third-party games and are not responsible for their content, availability, accuracy or behaviour. Games may be changed or removed at any time. Game progress stored inside a game is kept by the game and may be lost.

You keep ownership of the comments, reviews, avatars, collections and other content you post (“User Content”). By posting it, you give Vexil LLC a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, adapt (for example resize or translate) and distribute it for operating, promoting and improving the Service. This licence ends when you delete the content, except for copies kept in backups for a limited time or already shared by others.

You promise that you have the rights to what you post and that it follows our Community Guidelines. We may review, remove or refuse to display User Content at our discretion, but we have no obligation to monitor it.

You agree not to:

• break the law or anyone else's rights, including intellectual property and privacy rights;
• post content that is hateful, harassing, sexually explicit, violent, threatening, misleading or spam;
• impersonate anyone or misrepresent your affiliation with any person or organisation;
• hack, probe, overload or interfere with the Service, or bypass security or rate limits;
• scrape, crawl or copy the Service or its catalogue by automated means, except as allowed by our robots.txt and public APIs;
• copy, frame, re-host or redistribute games from VoltyPlay outside the Service;
• click your own ads, generate fake views or plays, or otherwise manipulate advertising or rankings;
• use cheats, exploits or bots to gain an unfair advantage in leaderboards or achievements;
• upload viruses or other harmful code.

The Service, including its design, software, text, graphics, the VoltyPlay name and logo and the Volty mascot, is owned by Vexil LLC or its licensors and protected by copyright, trademark and other laws. VoltyPlay is a trademark of Vexil LLC. You may not use our trademarks without our prior written permission. Other names and logos on the Service belong to their respective owners.

If you send us ideas or suggestions, we may use them freely without any obligation to you.

The Service is supported by advertising and may contain links to third-party websites. We are not responsible for third-party websites, products or ads, and your dealings with them are between you and them.

We respect intellectual property rights and respond to valid notices of alleged infringement. See our Copyright & DMCA policy. We terminate the accounts of repeat infringers in appropriate circumstances.

You can stop using the Service at any time. We may suspend or close your account, or limit access to the Service, if you break these Terms, if required by law or to protect the Service or other users. Sections that by their nature should survive (including 5, 7, 12, 13, 14 and 15) survive termination.

THE SERVICE AND ALL GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, Vexil LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

Please take regular breaks while playing. If you or anyone in your family has a history of epilepsy or seizures, consult a doctor before playing video games, as some games contain flashing lights.

TO THE FULLEST EXTENT PERMITTED BY LAW, Vexil LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$50.

Some jurisdictions do not allow these limitations, so they may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, or your rights as a consumer under mandatory law.

To the extent permitted by law, you agree to defend, indemnify and hold harmless Vexil LLC from claims, losses and expenses (including reasonable legal fees) arising from your User Content, your misuse of the Service or your breach of these Terms.

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. Before filing a claim, please contact [email protected] so we can try to resolve it informally within 30 days. Any dispute that is not resolved will be heard exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you and Vexil LLC consent to their jurisdiction.

If you are a consumer living in the European Union, the United Kingdom or another country with mandatory consumer protection laws, you keep the protection of those laws and may bring claims in the courts of your country of residence.

We may update these Terms from time to time. We will post the new version here and change the “last updated” date. For material changes we will give reasonable notice, for example on the site or by email. If you keep using the Service after the changes take effect, you accept the new Terms.

These Terms, together with our Privacy Policy, Cookie Policy and Community Guidelines, are the entire agreement between you and Vexil LLC about the Service. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may assign them in connection with a merger or sale of assets. If these Terms are translated, the English version controls where the law allows.

Vexil LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, United States. Email: [email protected]. Formal legal notices and service of process should be sent to our registered agent, Registered Agents Inc, at the same address.