Terms of Service

KAPITAN SHOU. OOO (also – “Captain Show”) is pleased to provide you its World VPN mobile application (also ”WorldVPN”, ”Service” “App”, “we”, “us” and “our”) and any and all related documentation. These Terms of Service (“Terms”) apply when you access or use WorldVPN, and the service provided through the App. The Service is provided to you by WorldVPN. PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE APP. These Terms explain the terms and conditions that will govern your use of the Service. Our Apple App may be downloaded from the App Store, which is operated and owned by Apple Inc. and other companies within its group (”Apple”). Our Android App may be downloaded from Google Play, which is owned and operated by Google Inc. and other companies within its group (”Google”). This is an agreement between you and WorldVPN for Virtual Private Network (VPN) communications services, related services and features. It is NOT a service for the commission of criminal acts. It is an anonymity and privacy service. Please note that the terms constitute a binding legal agreement between you and WorldVPN. By installing and/or using the WorldVPN Service on any platform or device you agree to be bound by these terms. It is only under these terms that WorldVPN allows visitors / users (the “users”) to use WorldVPN Service. If you do not agree to these terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services.

Eligibility

When you use the Service, you represent that: (a) you are at least 16 years of age (or of the age of consent in your jurisdiction),(b) the information you submit is truthful and accurate; (c) your use of the Service do not violate any applicable law or regulation; (d) you are of sufficient legal age or otherwise have the legal capacity to legally enter into these Terms.

Updates to these Terms of Service

We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service before the effective date of the changes. In addition, you will be required to accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.

Privacy Policy

In connection with your use of the Service, please review our Privacy Policy to understand how we use the information we collect from you when you access, visit or use the Service. The Privacy Policy is a part of these Terms, and by agreeing to these Terms, you agree that we may use information collected from or about you in accordance with the Privacy Policy.

Services

You access and use the WorldVPN Service in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the WorldVPN Service or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time. We make no representations or warranties that the WorldVPN Service are appropriate for use or access in your location and jurisdiction.

Reasonable efforts are taken to improve the accuracy and integrity of the WorldVPN Service, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the WorldVPN Service, or any functionality comprising a part of the WorldVPN Service at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by WorldVPN. We do not warrant, and will not have any liability or responsibility for your use of WorldVPN Service or other the products or services we provide. We may also impose limits on the use of or access to the WorldVPN Service, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Captain Show is not responsible for any outages or service interruptions that occur from time-to-time when using Our App, including those due to software, hardware, or power failures, or issues at the wireless carrier level. In addition, Captain Show is not responsible for the products and services provided by others, including any User’s mobile handsets or wireless data networks. Captain Show, in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant, such as use, adoption, and appeal of the operating system.

Subscriptions

By subscribing to the Service, you agree to become a subscriber for the period you have selected. All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.

Payment for a subscription processed in the App through a third party mobile platform owner (e.g. Apple or Google). You may be offered a free trial of a subscription to the App for a limited period of time. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period. You may cancel your subscription at any time by following the Apple App Store or Google Play Store instructions or via the subscription settings in your iTunes or Android account.

If you fail to fulfill your obligation of payment as a user of a paid account, the App may suspend your account or delete it after an extended period of default.

Termination

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to our Service to any person for any reason, including, without limitation, for engaging in the prohibited activities, breach of any representation, warranty or covenant contained in these Terms, or breach of any applicable law or regulation.

Prohibited Activities

You agree that you in connection with your use of the Service, you will not:

use the Service for any improper, illegal, or unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial emails or other communications, or engaging in unauthorized framing, mirroring, or linking to, the Service without our express written consent;

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (vii) promotes illegal or harmful activities or substances;

take any action that would interfere with, disrupt, or create an undue burden on the Service or the networks, infrastructure, or services connected to the Service;

use any meta tags, “hidden text,” agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage the Service;

distribute, transmit, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other technology or material intended to interfere with or cause harm to the Service or users of the Service;

impersonate any other person or entity, sell or let others use your profile or password, or provide false or misleading identification or address information;

decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;

violate or interfere with any rights of us, our users, or any other third parties, including intellectual property, privacy, or publicity rights; or

circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict the use, access, or copying, or to enforce other limitations of use on the Service.

Disclaimer of warranty

TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, OUR APP IS PROVIDED ON AN ”AS IS,” ”WITH ALL FAULTS,” AND ”AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, CAPTAIN SHOW, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APP WILL MEET YOUR EXPECTATIONS.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APP REMAINS SOLELY WITH YOU. CAPTAIN SHOW EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAPTAIN SHOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAPTAIN SHOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY MEANS OUTSIDE OF OUR IMMEDIATE CONTROL; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT SHALL CAPTAIN SHOW&aposS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAPTAIN SHOW, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE APP, YOUR VIOLATION OF THE Terms OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY CAPTAIN SHOW OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Intellectual Property Rights

All texts, graphics, designs, logos, button icons, images, data compilations, and information (”Content”) contained in Our App and Services are the Intellectual Property of Captain Show (or belongs to it), and are protected by copyright laws. All logos and trademarks displayed in Our App and Services are registered trademarks or trademarks of Captain Show No trademarks may be used without the prior written consent of Captain Show except to identify the products or services associated therewith. Our App and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of Captain Show or its licensors.

Restrictions on Use of the Service

In addition to any other restrictions set forth in these Terms and Conditions, and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material Captain Show or any other person or entity posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Captain Show or obtained from the Service; provide any false personal information to Captain Show; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without Captain Show’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this document.

Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully — It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court Initial Dispute Resolution.

We are available by email at [email protected] to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Both you and the App agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 11(A) above, then either party may initiate binding arbitration.

No failure or delay by Captain Show in exercising any right, power or privilege under this Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Terms. If any provision of this Terms shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Information

If you have any questions about these Terms of Service or your account, please contact us at [email protected].