These terms include the basic terms applicable to your use of all software applications provided by the licensor (each referred to as an "Application") and the basic terms applicable to your use of the separate services enabled by each Application (referred to as "Services").
Each Application and Service may have additional terms and conditions specific to the Application (referred to as "Application-Specific Terms"). These Application-Specific Terms (the terms and conditions of the Main Terms of Service) apply to your use of that Application and related Services. Capitalized terms shall have the meanings assigned to them in this document or in the applicable Application-Specific Terms.
You are required to share personal data with the licensor to use the Application and Services.
When using the Application and Services, you are obligated to comply with all laws, rules, regulations, and governmental guidance.
You are the initiator of calls made and messages sent through the Application and Services, including but not limited to automated replies enabled by the Application, and you are fully responsible for all such calls and messages.
The licensor, outbound providers, and inbound providers (as defined below) only allow the transmission of calls and messages through the Application and Services.
If you send spam or initiate messages or calls that violate applicable laws or this document, you may incur substantial penalties.
Notices
Notice Regarding Arbitration
Please read these terms carefully, as they contain an arbitration agreement and other important information regarding your legal rights and remedies. The arbitration agreement requires (with limited exceptions) you to submit any claims against us to binding final arbitration, and (1) you are only permitted to assert claims against Visionary Plays on an individual basis and not as a plaintiff or class member in any class or representative action or proceeding; (2) you are only permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; (3) you may not resolve any claims against us in a jury trial or in court.
Notice Regarding Data Transfer
Using the Application requires Visionary Software Applications LLC to process your personal data in the United States, and the computing systems and infrastructure necessary for your use of the Application and Services are located in the United States. If your personal data is not processed in the United States, the functionality and capabilities of the Application and Services will not be available. You hereby expressly consent to Visionary Software Applications LLC processing your personal data in the United States for this purpose and transferring it to the United States.
Notice Regarding Additional Rights
You may have the right to exercise additional rights granted to you by applicable law, including: (A) the right to delete or correct personal information; (B) the right to object to or restrict the processing of personal information; or (C) the right to transfer personal information. If you wish to exercise these rights, please contact us at https://visionaryplays.com and specify your request. We will consider your request in accordance with applicable law, and if required to comply with your request, we will do so within the timeframe required by applicable law (usually within 30 days of the request). To protect your privacy and security, we may take steps to verify your identity before fulfilling your request and may charge a fee to process your request as permitted by applicable law.
Notice Regarding Legal Compliance
You acknowledge and agree that: (I) you will not use the Application or Services to contact anyone in violation of applicable law, including but not limited to the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act), the Telephone Consumer Protection Act (TCPA), and regulations, rules, and orders promulgated under such laws; (II) you must and will have all necessary consents to call and/or send messages to others; (III) any messages you send will comply with all applicable laws and all Federal Trade Commission guidelines; (IV) you will comply with all requests to stop sending messages as required by applicable law; and (V) by using the Application and Services, you understand your obligations under the CAN-SPAM Act, TCPA, and other applicable laws, and you agree to comply with those obligations while using the Application and Services. You agree to indemnify, defend, and hold harmless the licensor, inbound providers, outbound providers, and their respective officers, directors, employees, agents, successors, and assigns from and against all claims, lawsuits, demands, allegations, losses, liabilities, damages, penalties, fines, assessments, costs, and expenses (including reasonable attorney’s fees and costs) arising from or related to your violation of applicable law and/or any of the foregoing provisions.
The Application is not suitable for children under the age of 13. All Applications, Services, and the Visionary Plays website are not intended for children under 13, and therefore children under 13 should not use them at any time. If you are under 13, you represent that your legal guardian has read and agreed to these terms. The licensor does not knowingly collect any information from children under 13. If the licensor becomes aware that it has inadvertently collected personal information from a child under 13, it will take reasonable measures to delete such information promptly.
Applicability
These terms incorporate by reference the terms applicable to the Application you downloaded from the specific app store. These terms also incorporate by reference the Privacy Policy. In the event of any conflict with the Privacy Policy or app store terms, these terms shall prevail. The licensor, inbound providers, and outbound providers reserve the right to change, modify, or update these terms and the rights herein at any time by posting a revised version on https://visionaryplays.com (the "Visionary Plays Website"), and you agree that posting such updates constitutes adequate notice to you. Your downloading of additional Applications or continued use of the Applications and Services after updates are posted on the Visionary Plays Website constitutes your acceptance of those updates.
License
This license governs your use of the software components of the Application and the in-app features (as described below) and applies to updates provided to you for the Application. Your use of inbound services or outbound services is governed by the Inbound Terms or Outbound Terms, respectively.
License
Subject to the terms of this license, unless you are a resident of the European Union, the licensor grants you a royalty-free, non-exclusive, non-transferable license to: (i) use the Application solely for personal purposes on the device on which it was downloaded; (ii) communicate with other Application users through in-app features via networks not connected to public telephone services ("In-App Features"). If you are a resident of the European Union, no rights are granted to you, and you may not use the Application or Services. You agree that you will not modify or allow modifications to the Application, or cause or allow the disassembly, decompilation, or reverse engineering of any Application, except as permitted by applicable law.
Ownership
All rights, ownership, and interests in the inbound services and phone numbers provided to you (collectively referred to as "Visionary Plays Property"), including all intellectual property rights, are owned by the licensor or its suppliers, and as a condition of your use of the inbound services, you hereby (i) agree not to assert and expressly waive any rights, ownership, or interests in any Visionary Plays Property; and (ii) irrevocably assign to the licensor any and all rights, ownership, and interests you now have or will have in any Visionary Plays Property.
Limitation of Liability
You agree that the licensor, inbound providers, and outbound providers are not liable for any loss of profits, loss of data, costs of procurement of substitute goods or services, or for third-party actions related to the Services. In no event shall the licensor, inbound providers, outbound providers, or their suppliers and distributors be liable to you for any consequential, incidental, special, indirect, punitive, or exemplary damages or losses arising from or related to your use of the Application or Services, regardless of how such damages or losses were caused and regardless of the theory of liability, even if such parties have been advised of the possibility of such damages. In no event shall the total liability of the licensor, inbound providers, or outbound providers for all damages to you exceed ten dollars (US $10.00). Nothing in this document shall exclude or limit liability for losses that cannot legally be excluded or limited under applicable law.
Severability; No Waiver
If any provision is deemed invalid or unenforceable, that provision shall be enforced to the maximum extent permissible to effectuate its intent, and the remaining provisions shall continue in full force and effect. The failure of you or the licensor, inbound providers, or outbound providers to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision.
Entire Agreement
The above provisions, along with the Application-Specific Terms, constitute the complete understanding and exclusive statement of the agreement between you and the licensor, inbound providers, and outbound providers, and supersede any proposals or prior agreements or understandings between you and the aforementioned parties regarding this subject matter.