AviGames Terms of Use

5.2 Fair-Play & Security

AviGames deploys anti-cheat, anti-bot, and other technical protections. Tampering, reverse-engineering, or bypassing such measures is strictly forbidden.

How to play:

• Do not use unauthorised software (cheats, bots, scrapers, trainers, etc.).
• Do not tamper with game files, anti-cheat tools, or other security features.
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5.3 Names & Avatars

Usernames and avatars («Identifiers») must be lawful, non-offensive, and non-infringing.

• Defamatory, violating publicity or other third-party rights, offensive, misleading, or harmful Identifiers are prohibited.
• We may edit, remove, or block any identifier at our discretion if it breaches these Terms or any applicable law.

5.4 Licence & Rights Granted to AviGames
When you upload, post, or transmit any user-generated content (“UGC”) you irrevocably grant AviGames a world-wide, perpetual, royalty-free, transferable, and sub-licensable licence to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display that UGC for any purpose. To the extent permitted by law, you waive all moral rights (or agree not to assert them) in favour of AviGames.

Any ideas, feedback, or suggestions you submit become the exclusive property of AviGames, without obligation of attribution or compensation.

5.5 Prohibited UGC
UGC must not:

• Infringe copyright, trademark, or other IP rights.
• Contain illegal, obscene, defamatory, or hateful material.
• Include personal data of minors without parental consent (GDPR Art. 8).
• Violate any third-party privacy or publicity right.

5.6 Moderation & Removal
AviGames may remove or disable access to any UGC that, in its sole judgment, breaches these Terms or applicable law.

5.7 EU Notice-and-Action Mechanism
Under the Digital Services Act (Reg. 2022/2065, Art. 16), EU/EEA users may submit a notice identifying allegedly illegal or infringing UGC.

Notices should:

• Identify the content and its exact URL or in-game location;
• Describe why the content is illegal or infringing;
• Provide the notifier’s contact details;
• Contain a good-faith statement of accuracy.

Send notices to: legal@AviGames.com with subject line “EU Notice & Action” in the manner stipulated in Section 2.7 hereof.

5.8 Enforcement & Penalties
AviGames may immediately and without notice warn, mute, suspend, or terminate any account that breaches the above standards, and may confiscate Virtual Items obtained in violation of these Terms.

Appeals: If you believe suspension or termination was in error, contact .

6 PAYMENTS, REFUNDS & WITHDRAWAL RIGHTS
6.1 Payment Methods
We accept major payment methods, processed via secure third parties. The payment terms may depend on a platform where Games / Services / Virtual Items are purchased.

6.2. Refund Policy. Statutory Withdrawal (Cooling-Off) Rights
Refund Policy with regards Games / Services is governed by Terms of Sales and specific terms accepted by you within the purchase procedure including without limitation terms of the relevant platform where such Games / Services are obtained.

Unless required by law, all purchases of Virtual Items are final and non-refundable.

If you are an EEA consumer, you have a 14-day withdrawal (cooling-off) right for digital content not supplied on a tangible medium. Subject to your prior express and knowing consent, you lose this cooling-off right with regards to Games / Virtual Items delivered immediately after purchase (e.g. if the Game / Service / Virtual Item is available for immediate download and use).

YOU ACKNOWLEDGE THAT BY GIVING YOUR CONSENT TO IMMEDIATE PERFORMANCE, YOU ARE LOSING YOUR RIGHT OF WITHDRAWAL.

7 PRIVACY & DATA PROCESSING
7.1 Privacy Policy
All data processing is governed by our, which complies with the EU General Data Protection Regulation (GDPR).

7.2 Data Transfers
Personal data may be processed in or transferred to countries outside the EEA. We will ensure adequate safeguards are in place (), including Standard Contractual Clauses where required.

7.3 User Rights
You have the right to access, rectify, erase, and restrict processing of your data, as well as data portability and objection, in accordance with.

8 DISCLAIMERS & LIMITATION OF LIABILITY
8.1 No Warranties
Except as expressly required by applicable law, the Site, Games, and Services are provided “AS IS” and “AS AVAILABLE”, without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

While AviGames uses reasonable efforts to provide accurate and up-to-date information, it makes no representation or warranty regarding the accuracy, reliability, completeness, or suitability of any content, materials, or information provided on the Site, Games, or Services.

AviGames does not warrant that:

• Use of the Site, Games, or Services will be uninterrupted, secure, or error-free;
• Defects will be corrected;
• Any materials, results, or content are correct, reliable, or suitable for your intended use.

AviGames strives to maintain security measures aligned with the best business practices to protect its platform and users.

Some jurisdictions (including Cyprus and the EU) do not allow the exclusion of certain implied warranties or limitations on statutory rights of consumers. These exclusions and limitations apply only to the extent permitted by applicable law.

8.2 Limitation of Liability
To the maximum extent permitted by applicable law, AviGames, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, nor for any loss of data, profits, goodwill, or business interruption, arising out of or relating to your access to or use of the Site, Games, or Services, even if AviGames has been advised of the possibility of such damages.

AviGames’ total liability to you for any direct damages shall not exceed the amount you paid (if any) to AviGames for the relevant Game or Service in the twelve months preceding the claim. This limitation does not exclude or limit liability for death or personal injury caused by negligence, fraud, gross negligence, or any other liability that cannot be excluded or limited under applicable law.

You use the Site, Games, and Services at your own risk. AviGames shall not be liable for any issues, delays, or failures caused by third-party platforms or service providers (e.g., app stores). Any such issues are governed by your agreement with those providers.

In the event of a malfunction or disruption of a Game or Service caused by AviGames that prevents you from completing your use, AviGames may, subject to applicable law and as further detailed in Section 6.2, allow you to re-install the affected Game or virtual item at no charge, or refund the initial fee or a pro-rata portion thereof. No refunds are available after fourteen (14) days from purchase, except as required by law and as detailed in Section 6.2.

8.3 All content is fictional
All Games provided by AviGames are works of fiction. All characters, names, likenesses, voices, personalities, businesses, organizations, places, events, and incidents portrayed in the Games are entirely imaginary. Any resemblance or coincidence, in whole or in part, to actual persons (living or deceased), entities, events, or locations is purely unintentional and coincidental.

The creators and publishers of the Games do not claim, suggest, or imply any endorsement, sponsorship, affiliation, or other connection with any specific real-world individual, group, organization, or event. No character, storyline, or scenario is intended to represent, parody, depict, or comment on any specific person, entity, or occurrence.

9. INDEMNITY
You agree to indemnify, defend, and hold harmless AviGames, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising directly from:

• Your material breach of these Terms;
• Your misconduct that is expressly prohibited by these Terms;
• Your interactions with other users that are expressly prohibited by these Terms;
• Any content you upload, post, or transmit through the Site, Games, or Services that constitutes an infringement of third-party rights where such infringement is expressly prohibited by these Terms.

AviGames reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such a case, you agree to cooperate fully as reasonably requested.

10. GOVERNING LAW, ARBITRATION & DISPUTE RESOLUTION
10.1 Governing Law
These Terms, and any disputes or claims arising out of or in connection with them, are governed by and construed in accordance with the laws of the Republic of Armenia, without regard to conflict of law rules.

10.2 Dispute Resolution Procedure
10.2.1 Informal Resolution

Before commencing any formal proceedings, you agree to first contact us at : support@avigames.org
and provide a brief written description of your dispute.

We will use reasonable efforts to resolve the matter informally within 30 days.

10.2.2 Arbitration Agreement (Excluding EEA Consumer Proceedings)

Except where prohibited by applicable law, and subject to your statutory consumer rights:

• Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by binding arbitration administered in accordance with the Rules of Arbitration of the Cyprus Arbitration and Mediation Centre (CAMC), by one arbitrator appointed in accordance with said Rules.
• The seat of arbitration shall be Yerevan, Armenia; the language of arbitration shall be English, unless the parties agree otherwise.
• The costs of arbitration shall be borne as determined by the arbitrator.
• NO CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS: You and AviGames each agree that disputes will only be resolved on an individual basis, and neither party may bring claims as a plaintiff or class member in any purported class, collective, or representative action or proceeding.
• Severability: If this class action waiver is found unenforceable, the entirety of the arbitration provision shall be void with respect to such claims.

This arbitration agreement does not deprive EEA consumers of their right to bring or defend claims before the courts of their country of habitual residence, nor of any non-waivable rights under applicable consumer law.

10.2.3 Jurisdiction & Consumer Rights
EEA Consumers:

• If you are a consumer residing in the EEA, you may bring proceedings relating to these Terms in the courts of your country of residence or in Cyprus.
• You also have the right to use the EU Online Dispute Resolution (ODR) platform:
• Nothing in these Terms restricts any mandatory rights you may have under consumer protection law in your home jurisdiction.

Non-EEA Users:

• Except as otherwise provided by mandatory law, you agree that any claims arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Armenia, or, where applicable, final and binding arbitration as set forth above.

10.2.4 Alternative Dispute Resolution (ADR)

Where required by Cyprus or EU law, we will consider participating in Alternative Dispute Resolution (ADR) procedures before qualified bodies recognized by the European Commission or Cyprus Consumer Protection Service.

11 CHANGES TO TERMS

11.1 Updates and Notice

We may update these Terms at any time. Changes will be posted on our website and, where required, notified to you via email or in-game notification.

11.2 Continued Use
Your continued use after changes take effect constitutes your acceptance.

12 CONTACT DETAILS

Contact

For legal notices, contact:

Email: : support@avigames.org

Address: AviGamesltd LLC, Yerevan Arshakunyats 53A / 33, 32 apr. 0026,

Armenia