TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND THOROUGHLY BEFORE USING THIS WEBSITE (www.bangubangmania.com or www.vitasdevelopment.com), herein referred to as the SITE. YOU MUST BE 18 YEARS OF AGE TO AGREE TO ACCEPT THE PROVISIONS OF THIS TERMS AND CONDITIONS. IF YOU ARE BELOW 18 YEARS OF AGE, PARENTAL CONSENT IS A MUST IN ORDER FOR YOU TO AVAIL OF THE SERVICE/S.

The Terms and Conditions, herein referred to as the AGREEMENT, is made between VITAS DEVELOPMENT, herein, referred to as the PUBLISHER, and the user of the service, herein, referred to as the CLIENT. The PUBLISHER offers to publish its multiplayer online game entitled "Bangú Bang Mania! Online" on a pay-to-play service and the CLIENT agrees to pay and abide to the provisions of this AGREEMENT. By clicking the "I accept" button or such equivalent button for accessing, using or installing any part of the services of this SITE, the CLIENT hereby agrees to be legally bound for the use of this AGREEMENT. If you do not agree to these terms, please do not use the SITE. The PUBLISHER reserves the right, at its sole discretion, to change, modify, add to, or otherwise alter this AGREEMENT at any time. Such changes and/or modifications shall become effective immediately upon their posting, so please review this AGREEMENT posted at this link periodically. Your continued use of the SITE following the posting of changes and/or modifications will constitute your acceptance of the revised AGREEMENT.

I. LICENSE to USE

a. The PUBLISHER grants to the CLIENT non-exclusive license to use the service and a non-exclusive license to use the software in connection with the service for a limited period.

b. The charges may change from time to time and the PUBLISHER reserves the right to change the game fee after a 30 day notice.

c. The CLIENT cannot rent to a third party the software of the Publisher.

d. The CLIENT cannot sublicense, lease, loan or otherwise transfer the software to profit, modify, adapt, reverse engineer or decompile the software.

e. The CLIENT cannot create derivative works with respect to the software or the service or otherwise use the software except as expressly provided in this AGREEMENT.

II. DESCRIPTION of SERVICE

VITAS DEVELOPMENT is the developer and the publisher of its online game named "Bangú Bang Mania! Online". Its service is accessible through its SITE. The PUBLISHER reserves the right to change the URL address of its SITE at any time and from time to time. In order to use the service of the PUBLISHER, the CLIENT has to:

a. Install software that will be available through download from the PUBLISHER'S SITE or through distributed CD installers.

b. Establish an account with the PUBLISHER.

III. The ACCOUNT

a. Account User ID - in order to establish a user's ID, the CLIENT must fill up the registration form which is available in the PUBLISHER'S SITE and submit it through the same SITE.

b. The CLIENT may not create or use an account ID that may be confused with the game ID which maybe created and or used by the PUBLISHER for the purpose of efficient operation, customer support, test or review of the services.

c. The CLIENT must submit information that is complete, true, accurate, up to date and the CLIENT, must maintain and promptly update the registration date to keep it true, current and complete.

d. If the CLIENT submitted information that is false, inaccurate, not up to date or incomplete, or if the PUBLISHER has reasonable grounds to suspect such information is false, inaccurate, not up to date or incomplete, the PUBLISHER has the right to suspend or terminate the CLIENT'S account and refuse any and all current or future use of the service.

e. If the PUBLISHER terminates an account, the PUBLISHER may terminate any other accounts that share the same CLIENT name, phone number, email address, postal address, internet protocol address, or credit card number with the terminated account.

f. Former CLIENTS whose accounts have been terminated by the PUBLISHER may not access the service in any manner or for any reason, including through any other account without the express written approval or permission of the PUBLISHER.

g. The CLIENT must not submit any material containing vulgar, false, forged, offensive and misleading information.

h. The PUBLISHER reserves the right to approve or disapprove any user's name submitted by the CLIENT.

i. The PUBLISHER reserves the right to delete any account or user's ID that contains any vulgar, false, forged, offensive and misleading information.

j. The CLIENT takes full responsibility for his/her conduct in the game and will be liable for all activities conducted through the CLIENT'S account and the user's registered ID.

k. The CLIENT may choose a user's name to identify himself/herself to the other clients and the staff of the PUBLISHER, however, the CLIENT can not choose a name that violates any third party's trademark, copyright, or other proprietary right, or any name which the PUBLISHER considers in its discretion to be vulgar or otherwise offensive.

l. Upon registration for the service/s, the CLIENT may choose a password. The CLIENT is responsible for maintaining the confidentiality of his/her password. The CLIENT is also responsible and liable to any harm resulting from his/her disclosure or allowing the disclosure of any password or from use by any person of his/her password to gain access to his/her account and user ID.

m. After agreeing to the provisions of this AGREEMENT, the CLIENT agrees that he/she DOES NOT OWN the account he/she uses to access the service, the characters, items or any image which the PUBLISHER stores in its servers or any other data which the servers and accounts are comprised of. The account the CLIENT made is needed to access the service.

n. The CLIENT, also agrees that he/she does not own the characters, models or any image where modification or customization was done by the CLIENT. As such, the CLIENT cannot sell, lease or collect any money from a third party.

o. The CLIENT also agrees that he/she cannot use for commercial purposes the name of the characters, models or images done by the PUBLISHER.

p. The CLIENT also agrees that he DOES NOT OWN any name he/she may assign to his character, model whether it is a generic character or model or a character or model he/she modified.

q. The CLIENT cannot use a name for his character or model that is vulgar, offensive, false, misleading or violates a third party's trademark, copyright or any other proprietary rights.

IV. CONTENTS and CLIENT CONDUCT

a. The CLIENT acknowledges that by using the software and service of the PUBLISHER, he/she will have access to the CONTENTS such as: graphics, sound and visual effects, music, animation, video and text. Other contents maybe provided under license by independent content providers, including text contributions from other clients. The PUBLISHER has the right, but not the obligation to remove content/s at any time which the PUBLISHER deems to be vulgar, harmful, offensive or otherwise in violation of this AGREEMENT.

b. The CLIENT also acknowledges that the PUBLISHER have the rights in their respective content under copyright and other applicable laws, and that the CLIENT accept full responsibility and liability for the use of any content which is in violation of any such rights.

c. The CLIENT agrees that he/she will not use any content other than in connection with playing the game BANGÚ BANG MANIA.

d. The CLIENT can upload content to the PUBLISHER'S servers in various forms such as in forums, bulletin boards and any similar areas. Unless otherwise specified in the CLIENT'S transmission, by submitting the CLIENT'S content to any area on the service, the CLIENT automatically grant to the PUBLISHER the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.

e. The CLIENT agrees that anything he/she sent through or appearing in the PUBLISHER'S forums, bulletin boards or any similar areas is the sole responsibility of those CLIENTS posting the message. This means that the CLIENT/S and NOT the PUBLISHER is/are responsible for all information and material that the CLIENT posts in the said areas.

f. The PUBLISHER respects the copyright law and as such it does not condone any protected material provided or posted by the CLIENT without the necessary rights and permissions

g. The PUBLISHER does not control the content of any postings mad by its CLIENT/S in its communication features and the PUBLISHER does not guarantee the accuracy, integrity or quality of anything within them.

h. The PUBLISHER will not be responsible for any offensive, indecent or objectionable materials that the CLIENT will be exposed to.

i. The PUBLISHER will not be responsible and liable to any errors or omissions in any postings or any loss or damages of any kind incurred as a result of the use of any information contained within the PUBLISHER'S communication features.

j. The PUBLISHER reserves the right to suspend or terminate any CLIENT'S account or access to portal of communication who are found to be repeat infringers of the PUBLISHER'S system or network.

k. The CLIENT agrees NOT to use the service of the PUBLISHER to:

1. Transmit any message, information, data, text, software or graphic files, or other materials that is harmful, unlawful, threatening, abusive, harassing, obscene, tortuous, vulgar, defamatory, libelous, that may be invasive of another's right of privacy or publicly, hateful, racially, ethically or otherwise objectionable.

2. Impersonate any person or entity, including but not limited to the PUBLISHER'S official, forum administrator, staff and non-staff moderator, game masters, guide or host or falsely state or otherwise misrepresent the CLIENT'S affiliation with a person or entity.

3. Post or transmit any content wherein the CLIENT do not have the right to transmit under any law or under contractual or fiduciary relationships.

4. Post or transmit any content that contains a virus, Trojan horses, worms in any forms, time bombs, cancel bots, corrupted data or other computer programming routines that are intended to damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data or personal information..

5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to the PUBLISHER'S communication feature.

6. Use the PUBLISHER'S communication features in a manner that adversely affects the availability of its resources to other users (e.g. use of all caps, shouting, flooding or excessively large embedded images).

7. Interfere with or disrupt the service or servers or networks connected to the service or disobey any requirements, procedures, policies or regulations or network connected to the service.

8. Post or transmit any unsolicited advertising, promotional materials, "junkmail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

9. Intentionally or unintentionally violate any applicable local, national or law, rule or regulation.

10. Transmit or upload any content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

11. Stalk and harass other CLIENTS.

12. Modify any part of the services or the SITE of the PUBLISHER that the PUBLISHER does not specifically authorize the CLIENT to modify.

13. Arrange for the exchange of, market or advertise anything including any pirated or illegal software on the services or through the SITE of the PUBLISHER for any other illegal purpose.

14. Organize nor be a member of any groups that are based on, or espouse, any racist, sexist, anti-religious, anti-ethnic, anti-gay or other hate-mongering philosophy.

15. Post or communicate in the service or SITE of the PUBLISHER personal information of any CLIENT and nor do anything that may hurt the privacy of other CLIENTS.

16. Hack into, attempt to interfere or decipher any transmissions to or from the servers of the PUBLISHER.

17. Exploit any bug in the game and you will not communicate the existence of any such exploitable bug (bugs that offer undue advantage to the CLIENT or other CLIENTS) either directly or through public posting.

18. Create, use or provide any utilities, emulators or other software tools related to games that grant undue advantage or benefits to the CLIENT or other CLIENTS.

V. PRIVACY

The CLIENT understand that he/she has NO EXPECTATION of PRIVACY regarding the communications made by the CLIENT in the services and that all communications made by, or received from the CLIENT will be monitored by the publisher or its customer support people.

VI. OFFICIAL SERVICE

a. The PUBLISHER designed its game Bangu Bang Mania Online as a pay to play, casual game to be accessed through its SITE. The CLIENT agrees to play Bangu Bang Mania Online only as offered by the PUBLISHER at the SITE and not through any other means.

b. The CLIENT also agrees not to provide or make any other means through which Bangu Bang Mania Online may be played by others, as through server emulators.

c. The Client acknowledges that he/she do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the PUBLISHER, except that the CLIENT may us the software to the extent expressly permitted by this AGREEMENT.

d. Some contents or services may be offered to the CLIENT for a certain amount of fee/s. If the CLIENT opted to purchase some contents or services and transmit to the PUBLISHER'S a purchase request, the CLIENT authorizes the use of his/her credit card and that all information that the CLIENT will submit is true and accurate and he/she agrees to pay all fees that he/she may incur.

e. Any information like account name and password supplied to the CLIENT by the PUBLISHER in connection with the fee-based content and/or services the CLIENT purchase is personal to the CLIENT. These account name and passwords are not transferable to any third party.

f. Violation by the CLIENT to this provision may result to the cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use

g. The PUBLISHER reserves the right to change or increase any fees for its contents or services after 7 days notice. Such notice will be properly posted on the official message areas like message boards or forums of the PUBLISHER.

VII. SERVICE INTERRUPTION

a. The PUBLISHER reserves the right to interrupt the service from time to time on a regular scheduled basis or otherwise with or without prior notice in order to perform maintenance.

b. The CLIENT acknowledges that the service may be interrupted for reasons beyond the control of the PUBLISHER and the PUBLISHER cannot guarantee that the CLIENT will be able to access the service or the CLIENT'S account whenever the CLIENT wishes to do so. The PUBLISHER will not be held responsible and liable for any interruption of the service, delay or failure to perform resulting from any causes beyond the control of the PUBLISHER.

c. The PUBLISHER will not be obliged to refund all or any portion of any account fee by reason of any interruption of the service and by reason of any of the circumstances beyond the control of the PUBLISHER.

VIII. DISCLAIMER WARRANTY

a. The CLIENT acknowledged that the services of the PUBLISHER is on an "as is", "as available" basis and there is no warranty of any kind, expressed or implied.

b. The CLIENT expressly agrees that the use of the services is at his/her own risk.

c. The PUBLISHER does not warrant that the services will be uninterrupted error free, secure or virus-free.

d. The PUBLISHER does not make any warranty as to any results that may be obtained by the use of the services.

e. The PUBLISHER does not make any warranties, expressed or implied, including but not limited to any implied warranties or merchantability or fitness for a particular purpose.

f. The PUBLISHER assumes no responsibility for any damages suffered by the CLIENT including, but not limited to loss of data, items or characters, delays, non-deliveries, errors, system down time, mis-deliveries or service interruptions caused by the company or the CLIENT or any other CLIENT'S own errors and/or omissions.

IX. LIMITATION OF LIABILITY

a. The PUBLISHER or any of its shareholders, investors, partners, affiliates, directors, officers, employees, agents or suppliers shall be held liable to the CLIENT or any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation to any damages for lost profits, arising out of or in connection with the service, the software, the CLIENT'S account or this agreement, whether or not the PUBLISHER may have been advised.

b. The CLIENT'S sole and exclusive remedy hereunder shall be for the CLIENT to discontinue his/her use of the services and terminate this agreement.

X. INDEMNIFICATION

a. The CLIENT agrees to indemnify, hold harmless and defend the PUBLISHER, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to:

1. This AGREEMENT

2. CLIENT'S use of the services, including any data or work transmitted or received by the CLIENT.

3. Any libelous, slanderous, indecent or other statement concerning any person made or republished by the CLIENT.

4. Any breach of this AGREEMENT by the CLIENT, regardless of whether such claims, damages, liabilities, costs and expenses arise as a result of the PUBLISHER'S actions or inactions.

XI. TERMS and TERMINATION

a. This AGREEMENT is effective upon the acceptance of the CLIENT as set forth and shall continue in full force until terminated.

b. The CLIENT may terminate his/her account without further obligation to the other.

c. The PUBLISHER reserves the right to terminate all or any portion of the services at any time without prior notice. Fees paid for any subscription or any pay-per-use are paid in advance and not refundable in whole or in part.

d. If the services of the account of the CLIENT was terminated, he/she will forfeit any unused access time that he/she purchased or received prior to termination.

XII. TAXES

a. In some cases, the CLIENT from time to time may be required to report as taxable income the value of any winnings/prizes he/she may received from the PUBLISHER or from other third party.

b. Winning CLIENT/S will be required to provide a valid identification card or any other information as may be required by the PUBLISHER.

c. The PUBLISHER has the right to report the value of the prize to the taxing authorities.

d. No minor will be allowed to receive cash gifts. All cash prizes for wining minors will be given to their legal guardians. The legal guardian will be required by the PUBLISHER to show proper identification or documentation.

XIII. CLIENT LISTS

a. The PUBLISHER, from time to time, may make its CLIENTS' list available to select companies that offer products and/or information that the PUBLISHER believes might be of interest to its CLIENTS.

b. If the CLIENT does not wish to have his/her name released to these companies, he/she may email us at www.vitasdevelopment.com.

XIV. MISCELLANEOUS

a. This AGREEMENT does not establish a partnership between the PUBLISHER and the CLIENT.

b. The CLIENT cannot assign or transfer all or part of its rights and or obligations under this AGREEMENT without prior approval by the PUBLISHER.

c. The CLIENT hereby agrees that the PUBLISHER shall be entitled to assign or transfer all or part of its rights and or obligations under the terms of this AGREEMENT to any one of its associated companies without prior consent upon the PUBLISHER giving written notice to the CLIENT.

d. Such written consent maybe sent by the PUBLISHER either through soft or hard copies.

e. In the event that some of the provisions of this AGREEMENT will deem unenforceable, such provision is deemed deleted from the AGREEMENT and the remaining provisions of the AGREEMENT shall continue in full force and effect.

f. In the event that the services of the PUBLISHER were interrupted or prevented from functioning due to situations that is beyond the control of the PUBLISHER (e.g. earthquake, storm/typhoon, fire, riots/strikes, war, act of government) or any event that is considered to be act of God, the PUBLISHER shall not be held liable and responsible.

g. If the Force Majeure persisted for more than one week, either party shall be entitled to terminate this AGREEMENT upon one day prior written notice to the other party.

h. This written notice may be sent by the PUBLISHER either through soft or hard copies.