Terms of Service
This document contains the Terms of Service agreement (hereinafter referred to as "ToS" and "Agreement") for your visit and stay at Avery.
This Agreement generally applies to Avery itself as well as to the use of all its services.
Carl Hartmann is the owner of avery.to
Contact at: [email protected]
1. Legal Agreement
This is a legal agreement between you (hereinafter referred to as "you" and "member") and Avery. Use of the Avery and/or services is subject to this Agreement at all times without exception and signifies your acceptance of and complete agreement to the ToS. You represent that you have the legal capacity to enter into this Agreement.
Avery recommends that all users periodically review these ToS since Avery is a live and evolving community. Avery reserves the right, at its sole and absolute discretion, to revise, amend, change, add to, delete, or update these ToS and their services, effective with or without prior notice by publishing the revised or updated Agreement at Avery. The revised or updated Agreement is effective upon publication and your continued use of the Avery and the services following notice and publication of the revised or updated Agreement on the Avery will constitute your acceptance of the updated Agreement. If you do not agree with these revised or updated ToS, you are obligated to terminate your User ID immediately and cancel any services for which you have signed up.
2. User Identity/Account Creation
When creating a user identity (hereinafter referred to as "User ID" and "Account") by completing and submitting the Avery registration form, you represent that you have reviewed, understand, and are in full compliance with the ToS. You must also provide truthful and accurate information in the registration process and be who you claim to be. If you are a minor, your parent(s) or guardian(s) must supervise over your registration process and/or complete the registration process for you, in which case they will take full responsibility for all obligations under this Agreement and are completely liable for all activities conducted through the Account by you or any other party, whether authorized by the registered user or not.
During the registration process, you must select login information comprised of a unique login name (hereinafter referred to as "User ID" and "account name") and a secure password.
As creator of your User ID, you are completely responsible for your identity and Avery will not tolerate offensive, obscene, or otherwise inappropriate user identities. If a User ID violates any part of these ToS, determined at the sole and absolute discretion of Avery support staff, we may immediately, temporarily, or permanently ban such User ID from the Avery or services, with or without notice or prior warning.
3. Account Security
You, as the registered user of an Account, are ultimately and completely responsible for maintaining confidentiality of your login information and computer system used to access the website or services. Further, you are solely responsible and liable for any and all uses of your Login Information, whether authorized by you or not. You may not directly or indirectly reveal your password to anyone for any reason at any time or allow anyone else to access the account. Sharing, trading, swapping, selling, buying, bartering, or otherwise distributing accounts or account/Login Information is strictly prohibited and subject to disciplinary action up to and possibly including service termination at the sole and absolute discretion of our support staff. Avery team will NEVER ask for your account password and you should NEVER reveal it, EVER; even when contacting us about an account issue.
When creating a User ID, you agree to indemnify and hold Avery and its affiliates harmless for any improper use of such identity including, but not limited to, improper or illegal use by someone to whom you have revealed your password in any way. Avery is not responsible for any misuse of your User ID, whether such misuse is by you or by third parties. When interacting in any online community we strongly recommend that all players think before they click and engage in safe internet practices at all times.
If you discover that the confidentiality of your account Login Information may have been compromise, you are required to immediately and truthfully report this to Avery as soon as possible by emailing or submitting a request for help through the Avery Support Helpdesk. We will coordinate with proper investigating authorities to hold individuals perpetrating online crimes accountable for their actions, including those who submit fraudulent or false reports.
4. Rules of Conduct
All Avery Members have to adhere to these ToS at ALL times without exception when interacting with any part of the website or services. You must observe these ToS, all applicable laws and also basic rules of etiquette, common courtesy, and common sense when using the Avery. Any conduct that violates the law in an offline, real world community is also a violation of these ToS. Avery will not tolerate any illegal conduct and will cooperate with law enforcement for such behavior.
Avery may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these ToS or any other illegal or inappropriate conduct, all without prior notice or warning. The determinations as to whether a violation has occurred and who is responsible for such act are solely within Avery's discretion, and are based on what we deem best for the community. By using the Avery, you agree that you will be bound by Sergiu Alin Parosanu's determination as to whether a violation has occurred and any penalty we choose to implement.
As with any community, you will encounter many different participants with different backgrounds, experiences, and tolerance thresholds. The Rules of Conduct (hereinafter referred to "RoC" and "Rules") have been drafted to ensure that the Avery community is fun and safe for the greater majority of our members.
Avery has the right to obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification. Avery has the right to obtain, without notification to you, non-personal information from your connection to the Avery for demographic purposes. Avery has the right to obtain, without notification to you, information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats" to gain advantage over other users. The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by the Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.
Whilst using the Avery service, you must abide by the following terms. The following are the basic rules of conduct that govern all player interactions and activities within the Avery service and the respective properties of Avery. If you fail to abide by these terms, all Avery account(s), and your right to use the Avery service, is immediately subject to termination by Avery and refused service to all present and future products and services. You are not entitled to refunds of any amount. Upon termination, you forfeit all outstanding or unused in-game assets, virtual money, and service use granted by subscription (as applicable).
a) Any user created content for participation on the Avery, in any associated game, or for use in the services including, but not limited to, User IDs, game IDs, guild and clan names, guild and clan emblems, chat content, forum threads and posts has to be in compliance with the Avery Terms of Service, Rules of Conduct and all applicable laws.
b) You may not modify, adapt, translate or create derivative works based upon any part of the Avery site, the services, any associated game, or Avery's code without express written permission from Avery.
c) You may not impersonate any Avery employee or Avery business partner or its respective employees, past or present including, but not limited to, support personnel.
d) You may not use any unlawful, threatening, abusive, obscene, harmful, defamatory, vulgar, harassing, hateful, racially, ethnically or otherwise objectionable language toward any other player, in any language as deemed inappropriate by support personnel. The availability of a profanity/language filter is not to grant permission or license to use such language in any form.
e) You may not threaten, harass, nor cause another player distress or create unwanted attention to other players, as interpreted or determined by Avery support personnel at their sole and absolute discretion.
f) You may not organize or participate in any player association or group which is based on, or espouses any, racist, sexist, anti-religious, anti-ethnic, or other hatemongering philosophies. You may not organize or participate in any player association which habitually violates the Avery Terms of Service and/or Game/Forum policies.
g) You may not use any sexually explicit language which is graphic, inappropriate, or depicts sexual acts including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals, or otherwise deemed inappropriate by Avery support staff.
h) You may not market, promote, advertise, or solicit (including multi-level marketing and chain letters) through Avery. This covers any type of virtual assets available on or through Avery as well as other online games and any real world items.
i) You may not directly or indirectly encourage, incite, or direct other Avery Members to violate the Avery Terms of Service, Rules of Conduct, or any applicable real world laws.
j) You may not violate any local, state, national or international law or regulation.
k) You may not use the Avery services for any illegal purpose. You may not arrange for the exchange or transfer of any pirated/unlicensed software or other contraband while you are using any Avery services.
l) You may not post on Avery website addresses ("URL") of and/ or provide links to any sites which contain illegal/sexual material, content which could harm or disrupt another user's personal network, computer, and/or content which violates the Avery Terms of Service.
m) You may not use the Avery service or any activities other than those permitted within the services, game, website, or associated game/world.
n) You may not leave a Avery account logged in while unattended either by use of software applications or physical objects used in any fashion. If your avatar/in-game persona is performing an action of any kind, you must be able to respond to a Avery representative if approached.
o) You may not exploit any bug, feature, or design within any Avery product or services. You may not intentionally use and/or share such information, real or fictitious, regardless of intent, or if it grants an unfair advantage. You may not directly or indirectly communicate the existence of such exploit/bug to another user of the Avery service.
p) You will follow the instructions of authorized personnel while using the Avery services. Failure to follow said instructions may result in disciplinary account action, up to and including termination.
q) You may not communicate any player's real-world personal information, in any fashion, including your own, within the Avery services. You may not directly or indirectly share your account password or account details with anyone, and you will not hold Avery, or its subsidiaries, responsible for any damages that may incur from doing so.
r) You may not give false information to or intentionally hide any information from Avery, such as e-mail addresses, account information, billing information, which may be required at the time you register with the Avery service. It is your responsibility to keep this information current.
s) You may not use, create, play, or provide any server emulation, or services where Avery products or services may be played. You may not communicate, solicit, use or otherwise distribute any utilities, emulators, applications, or other programs/software related to Avery that does not have the express written permission of Avery to be used with the services.
t) You may not attempt to interfere with, hack, or otherwise decipher any transmissions to or from the servers running the Avery services, nor its providers.
u) You may not violate the intellectual property rights of a third party. You may not upload, transmit, or otherwise communicate copyrighted material which you do not own the rights to without express written permission of the author and/or copyright holder through the Avery services.
v) You may not intentionally accept an item that has been altered or otherwise manipulated outside of the designed game mechanic or intended feature from anyone inside or outside the game or services. Avery has the right to confiscate any such item(s), without reparation, even if a player had no prior knowledge of the item's origin.
w) You may not do anything that interferes with the capability of other Avery users to enjoy playing Avery games or using the Avery services as defined by the respective Terms of Service and/or Rules of Conduct, or that increases the expense or difficulty of Avery in maintaining the Avery services for its users.
x) You may not intentionally submit inaccurate information, nor otherwise abuse any help, email, or petitioning system.
y) You may not attempt to play any Avery product on any service that is not authorized, approved, or controlled by Avery or applicable license holders.
By use of the Avery service you acknowledge that you agree to these terms and will follow them in their entirety. You agree that these terms will apply to anyone who has access to your Avery account. This includes access via your approval, permission, or by otherwise having access to your Avery account or account information (in whole or in part). You further agree that you are responsible and liable for any and all consequences which may include, (but are not restricted to) warnings, suspensions or terminations of your account based upon violations of these terms by any person.
Avery may find it necessary to alter, reset, or otherwise change certain parameters of, an on-going product or service in order to realign the "balance" of the product or service. These modifications or resets may affect in-game assets, avatars, in-game personas, and may regress the product or service.
These rules may be modified, amended, or otherwise changed at any time. You agree to visit the Avery website to review any changes to these rules/terms which may have been made. You agree to carefully read these terms and conditions.
If you encounter any conduct or user submitted content on the Avery which is in violation of these ToS, it is your duty and responsibility as an Avery community member to report said action to us as we cannot and do not prescreen all forms of communication in the community. We reserve the exclusive right to remove, edit, alter, modify, delete, or otherwise change any member submitted content that is deemed not appropriate for the Avery and services, or objectionable to us for any reason at any time. This action is in our sole and absolute discretion.
5. Disciplinary Action and User ID Termination
Avery can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. The severity of a violation and number of occurrences factor into the decisions, but they are not the only measures used. User identities may be banned, both temporarily and permanently, without prior warning.
To avoid any doubt, you acknowledge that Avery has sole discretion with respect to penalties and disciplinary actions even if there is a credit remaining on your account.
If you feel you or your User ID has been unfairly warned or disciplined, please submit a request/ticket for help at the Avery support section or send an email with pertinent detail to support@Avery. All submitted account action disputes will be carefully reviewed yet Avery will only take action with valid claims in its determination.
6. Other Termination Procedures.
Users may initiate the termination process of the Account by placing a ticket in the respective Support section. After a request for termination, Avery reserves the right to temporarily deactivate the terminated User ID for a period of 14 days. Deactivation is a routine procedure designed to prevent users from conducting deceptive or fraudulent activities.
Furthermore, your User ID will be de-activated if you do not use it within three months after the date that it was created or for any continuous period of three months after creation ("Six-Month Term"). If you do not use your User ID for the three-Month Term, it may be removed and deleted by the Avery administrator in its sole discretion.
7. Content and Ownership
You acknowledge that the Software and the Service contain graphics, music, sound effects, animation, video, style, and text (collectively, "Content"). Content may be provided under license by independent content providers and are referred to in this Agreement as "Content Providers."
Avery owns, has licensed, or otherwise has rights to all of the content that appears on the Avery or is available through the services of Avery. You agree that you have no right or title in or to any such content, including virtual in-game assets, or any other attributes or features of the Account or stored on the Service. You further agree that there are no refunds or restorations available for any intentionally or accidentally lost, misplaced, or deleted virtual assets. You also acknowledge that Avery may, in its sole and absolute discretion, review any virtual asset issues and make a binding decision in accordance with these terms.
Avery has developed and owns all images, graphics, text, programs and information appearing on the Avery, as well as all trademarks, copyrights and other intellectual property rights therein (the " Avery Materials"). You are authorized to use the Avery Materials solely in connection with your use of the Avery. Except as expressly permitted herein, you agree that you will not use or copy the Avery Materials in any manner without Avery's prior written consent.
Avery is not liable for failure to remove content. You and/or any user of your account assume all potential risk. Avery has the right, not the responsibility, to remove Content anytime which it deems necessary, or otherwise for the use in violation of this Agreement.
You acknowledge and agree that all accounts, games, websites, associated properties, and all aspects of characters, items, and currency (money) or coin, and in-game assets (collectively, "Virtual Assets") acquired and developed as a result of game play are part of the Software and Service and are the sole property of Avery. You further acknowledge that: the Software and the Service permit access to Content that is protected by trademarks, copyrights, and/or other proprietary rights owned by Avery or its content providers (collectively, "Rights"). These Rights are valid and protected in all content and across any media existing now or developed at a later time. You further agree that you may upload or otherwise publish on, or transmit through the Service only Content that is not subject to any Rights, or Content which a holder of Rights has given express authorization for distribution on the Service. By submitting Content to any area of the Service, you automatically grant (or warrant the owner of such Content has expressly granted) to Avery the royalty-free, perpetual, irrevocable, and non-exclusive right to license and use, reproduce, modify, adapt, publish, broadcast, transmit, translate, or create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any media, form, or technology now known or later developed for the full term including any renewal term of any Rights that may exist in such Content.
You agree that Avery owns all rights and interests in the Virtual Assets and retains the absolute right to modify its Virtual Assets. You acknowledge that Avery has been, is, and will be constantly making changes to its products. You further acknowledge that
8. Cash Loading (Avery Shop)
Avery is a virtual shop in which the user can purchase any offered shop-item. In order to execute any transactions (to purchase any offered shop-item) the user has to top-up any amount of his/her choice through "Cash Loading" functionality in the respective area within the Avery Shop. "Cash Loading" will be executed with the usage of the offered online payment system. Upon successful "Cash Loading"-transaction, the respective amount "real money" will be credited to the users membership account.
All offered shop-items can be purchased with the available credit in the users "Account". Avery members agree, that all purchased shop-items are non-refundable. In case the purchase transaction fails and the user does not get the shop-items credited to his account or the user made a purchase by mistake, we recommend contacting us for assistance.
Any claims for non-delivery must be submitted to our Support department by placing a ticket or sending an email within 3 days to support@Avery from the order placing date.
The user is responsible to provide Avery his/her payment receipt details.
10. Submissions and User IDs
"Submissions" means any and all comments, feedback, suggestions, clan/guild images, icons, or emblems, photos, postings at forums, chat rooms and similar venues on the Avery, e-mails and similar information or materials that you submit to Avery regarding the games or the services of Avery or the use or play of those games and services. You agree that User IDs and Submissions are not confidential and become public upon made accessible or known to others. Therefore, Avery strongly recommends that you not publish any personal information about yourself or others on or through the Avery. You further agree to assign to Avery, at no charge, all worldwide and perpetual rights, title and interest in copyrights and other intellectual property rights to the User IDs and Submissions. You acknowledge that you are responsible for the Submissions that you provide and for managing your User ID and represent that they are in accordance with these terms and the Rules of Conduct. You, and not Avery, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, Avery does not prescreen or monitor any Submissions.
11. Payment Gateways
Avery strives to provide free quality games via the Avery and services. Users are not required to purchase in-game items to fully enjoy the services, however, Users may charge Virtual Money to their accounts using our embedded online payment system to acquire those charged Items. Before using either payment gateway, Avery recommends you to review their Terms of Service carefully and be sure you agree to their terms separate from this ToS. When you present payment gateway information to Avery, you represent to Avery that you are the authorized user of such payment gateway account being used to acquire Virtual Money. Avery is not affiliated with the embedded online payment system. If any payment is reversed, cancelled or charged back, your Account with us may be immediately suspended without notice or further be terminated if found fraud.
12. System Requirements
Part of our mission on the Avery is to provide free, high quality games. This entails the use of hardware, software and internet access. By using the Avery, you acknowledge that hardware, software and internet access play a crucial role in your user experience. You agree that Avery is not responsible for any hardware, software or internet access or unavailability issues and you agree to hold Avery harmless for any such issues. You are solely and completely responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Avery services.
13. Server Outages
There will be regular periods of server maintenance as well as spot maintenance, usually coinciding with a new game or new service. Avery will do its best to limit server down time to 24 hours. However, Avery is not liable for any loss of usage or data experienced as a result of maintenance or other down times and you agree to hold Avery harmless for any such loss.
Avery will not be responsible for a user's inability to access paid services during server maintenance.
Avery shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Avery, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Avery'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.
Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. You assume the entire risk as to the results and performance of the Software and the Game in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
14. Third Party Sites
Clicking a hyperlink may direct you away from the Avery. Avery does not endorse or control any third party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. Avery therefore strongly recommends that you inform yourself regarding the practices of third party websites.
Neither Avery nor its 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 service including without limitation loss of goodwill, work stoppage, computer failure or malfunction; (b) the loss or damage to player characters, accounts, statistics, inventories, user profile information stored by associated games; 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 Avery be liable to you or anyone else for any direct, indirect, incidental, special, exemplary or consequential damages.
You agree to indemnify and hold harmless Avery and its affiliates from and against any claim, loss, expense or damage resulting from or arising out of your failure to comply with these terms or any illegal action or inappropriate conduct by you in connection with your visits or use of the Avery.
17. Service Update or Notice of Change
Avery reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete access policies, the availability of any feature of the Service, hours of availability, content, data, software or equipment needed to access the Service, effective with or without prior notice. However, material changes (as determined in Avery sole and absolute discretion) will be disclosed prior to or subsequent those changes.
Avery will provide you with notification of any such changes to the Service through a server maintenance, announcement, or by email. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service and the Account. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable
acceptance of any and all such changes. Avery may change, modify, suspend, or discontinue any aspect of the Service at any time. Avery may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
Avery may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process to protect your safety or the safety of others.
This Agreement is governed by the laws of Romania without regard to conflicts of laws. The forum for all disputes arising out of this Agreement shall be an appropriate court in Romania, Avery and the parties agree to submit to the exclusive jurisdiction of these courts. In the event of any litigation or other dispute arising under this Agreement, the prevailing party in such litigation or dispute will be entitled to recover its attorneys' fees and all other costs and expenses incurred in connection with resolving such dispute.
19. Additional Terms
Void Where Prohibited. No purchase necessary to play games. The operators of this website reserve the right suspend or terminate Player's access to the website at any time for any reason or no reason.
Thank you again for visiting Avery. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Avery and act with the same courtesy and respect you expect from other guests. Avery always reserves the right to refuse or terminate service.