Throughout this TOS Agreement”, we refer to the websites, blogs, and community forums that we operate (including those operated on our behalf by third-parties) as our “Websites”. The games, products, promotions, and services we offer, for example our video games and applications, whether accessible through social media, gaming platforms, computers, mobile devices or through web-browsers and other online services, are referred to as our “Services” or “Software”. This TOS Agreement applies to Versus Evil Websites, Services, and Software that link to this TOS Agreement only, including our corporate website http://www.versusevil.com , and other websites, games, and applications that we link to this TOS Agreement now or in the future.
Our Policy Regarding Children.
We understand the importance of protecting children. Our Websites, Services, and Software are not intended for children under the age of thirteen (13), and we do not knowingly collect any personal information from such children.
If you are under the age of thirteen (13), we request that you do not submit any personal information. In the event that we learn we have inadvertently gathered personal information from a child under the age of thirteen (13), we will take reasonable steps to erase and otherwise remove this information from our records.
Parents who believe that we might have any information from or about a child under thirteen (13) may submit a request to email@example.com and we will promptly take the necessary steps to remove all such information and to notify you of the same.
In order to access certain functions and applications on this Website, or in our Services or Software, you may be required to register with us. During registration, you will be required to provide contact information, which may include your date of birth, email address, username, and password. You may select any username, provided that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you use your own name, you consent to it being passed to others through certain Website, Services, and Software functions, including our blogs and forums. Versus Evil reserves the right to reject or remove any username.
For certain Website and Services functions, such as the purchase of products and services, you may be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
This Website and its content are for your personal, lawful non-commercial use only.
The revised TOS Agreement, as provided in the prior paragraph, supersedes all previous notices or statements regarding this Website and all Services, Software, materials, content, and applications contained therein. For this reason, we encourage you to review this TOS Agreement often. We also recommend that you print out a copy for your records.
Proper Use of This Website.
When you contact us through email, participate in product promotions, comment on our blog, purchase products, contribute to forums and boards, participate in newsfeeds, provide status updates and posting, share, and otherwise contribute information (whether through messages, invitations, chats, photos, wall posts), and other Website functions and communications, you agree at all times to comply with our Community Guidelines provided below. You agree to use this Website, and our Services and Software only for lawful purposes and only in ways consistent with the law.
You may not use any program, hacking, spyware, spider, bot, corrupted file, time bomb, or any other means—manually or automated—to gather or harvest information from this Website, our Service or content.
Your use of this Website, our Services, Software, and the resources and content we make available to you are, at all times, subject to this TOS Agreement, including without limitation these Community Guidelines. These Community Guidelines are designed to create a positive experience for all Website, Services, and Software users, and you agree not to violate the TOS Agreement, including these Community Guidelines:
- If agree not to post or email content that defames, threatens others, makes harassing statements, violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, contains obscene (i.e. pornographic) language or images, is bullying, or is otherwise unlawful, abusive, belligerent, slanderous, racist, or highly offensive or hateful to others.
- You agree to supply information that is true to the best of your knowledge.
- You agree not to disclose the name, addresses, or any personal information of any third-party without that person’s express permission.
- You agree that if you are under the age of 13, you will not attempt to register on this Website or use any functionality or applications where registration is required. If you are over the age of 13, you agree not to permit or encourage any violation of this rule by any one under the age of 13.
- You agree not to use this Website or its resources and applications for unlawful purposes. You agree never to post or exchange content, data, or files that infringes any third-party copyright, trademark, or other proprietary rights.
- You agree not to share unauthorized copyrighted content through this Website.
- You agree that you will not post, send, forward, link, or otherwise communicate junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or any other unsolicited or unauthorized commercial or promotional content, information or communications.
- You agree not to make offers, advertisements, or proposals for goods, services, or other commercial activities outside of or without our express written permission.
- You agree not to circumvent or attempt to circumvent any Website, Services, Software, or content protections and safeguards.
- You agree not to engage in disruptive behavior, including behavior that interferes with the normal flow of any gameplay or dialogue or application on the Website or within the Services or Software. This non-acceptable behavior includes, without limitation, commercial postings, solicitations, advertisements, posting repetitive text, hitting the return key excessively, and sending unwanted messages and abusive communications of any kind.
- You agree not to upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt the Website, our Services or Software, or any of the content we provide you.
- You agree not to interfere with another person’s enjoyment of this Website or any of our Services, Software, or any of the content or resources we provide you.
- You agree not to exploit bugs, undocumented features, trap doors, design errors, or problems inherent with this Website, our Services, Software, or content, or their design, including any resources, functionality, or applications.
Proprietary and Intellectual Property Rights.
“Intellectual Property Rights” means, without limitation, copyrights, trademarks, service marks, patents, trade secrets, trade dress, logos, and all other proprietary rights. You agree that our “content”, whether on this Website or within our Services or Software, may include, without limitation, virtual assets and virtual currencies, text, forum posts, chat postings, messages, music, sound, pictures, videos, graphics and audio-visual works, the design and appearance of this Website and our Services, Software, characters, icons, upgrades, links, and other content and features.
We reserve all Intellectual Property Rights in all content that is contained or included on this Website or included or contained in any Website application or function or our Services or Software. In consideration for your agreement to the terms and conditions contained in this TOS Agreement, Versus Evil grants you a personal, non-exclusive, non-transferable license to access and use this Website. You may download material from this Website only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of this Website, and you are using it solely for your personal entertainment value.
Unless expressly authorized by Versus Evil, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the content on this Website or within our Services or Software. You further agree that you many not use any Versus Evil content or the content of our affiliates and third-party developers and partners in connection with any product or service that is not authorized in advance in writing by Versus Evil; nor will you use content in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Versus Evil or our affiliates and third-party developers and partners. Nothing contained on this should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content in any manner or form.
The content we provide you may include virtual points, coins, or currencies (“Virtual Currencies”). When you obtain Virtual Currencies through any of the games, services or products we offer, you receive only a limited, personal non-assignable, non-exclusive, revocable license to access and use these Virtual Currencies within the limitations of this Website or our Software. Our Virtual Currencies have no value outside of our Website, Software, or other Services. Our Virtual Currencies cannot be sold, traded, transferred, or exchanged for cash, and they may only be redeemed within the Website, Software, or Services in which they are offered. Our Virtual Currency is explicitly non-refundable. You are not entitled nor are you granted any right to a refund for any unused Virtual Currency.
The Versus Evil logo, name, and all graphics contained on our Website and within our Services, Software, and content are trademarks of Versus Evil LLC or our affiliates and third-party developers and partners. Nothing contained on this Website or in our Services, Software, or content should be understood as granting you a license to use any of these trademarks, service marks, logos, or any other Intellectual Property Right of Versus Evil LLC. Use, reproduction, copying, or redistribution of any Intellectual Property Rights, without prior written permission of Versus Evil, its affiliates, and third-party developers and partners is prohibited. All trademarks or service marks appearing on the Website and in our Services not owned by Versus Evil are the marks of their respective owners.
Electronic Delivery Statement and Consent.
You agree that we may provide you notices and other information concerning this Website and our Services and Software electronically, including notice to any email address that you may provide.
You Grant Versus Evil Rights to the Content You Supply.
If you post content on any blog, forum, or other public area of this Website or in our Services, Software, or through our content, you grant us and our affiliates and third-party developers a royalty-free, perpetual, irrevocable, sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium now known or hereafter developed for any purpose whatsoever, without compensation to you or the provider of the submission.
You Are Responsible for content You Post or Supply.
You understand that our forums, blogs, and public areas are public and not private communications, and that you have no expectation of privacy concerning your use of the same. Any personal information you communicate via our forums, blogs, and other public areas may be seen and used by others and may result in unsolicited communications. Because of this, we strongly encourage you avoid disclosing your personal information in these public Website, Service, or Software areas. Versus Evil is not responsible for any information you communicate through these forums, blogs, and public areas.
No Duty to Monitor.
You understand and agree that we have no obligation to monitor or screen our Websites, Services, Software, or the content you provide, including without limitation in our forums, blogs, public areas, and any content or other materials that you or any third person transmits or posts to the same. You acknowledge and agree that Versus Evil has the right but not the obligation to take any of the following actions at its sole discretion:
Alter, remove, or refuse to post or allow any content or message to be posted or stored on any of our Websites or Services.
Monitor or filter any communications that you or any third-party may post or make available on any of our Websites or Services.
Versus Evil, including our affiliates, third-party developers and partners, may include hyperlinks to websites and services controlled by third-parties. You agree that neither Versus Evil, nor our affiliates, third-party developers and partners, is not responsible or liable for any content or claims or other materials on such third-party sites. You also agree that neither Versus Evil nor our affiliates, third-party developers and partners are responsible for any transactions or dealings between you and any third-party, nor are we responsible for any claim or loss due to a third-party site.
Sweepstakes and Contests.
From time to time we may offer or allow you to participate in promotions, giveaways, contests and sweepstakes (each, a “Promotion”) on our Websites, through our Services or Software, or through a third-party service or product. Your participation in any such Promotion is subject to the official rules or guidelines governing that Promotion. Versus Evil may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities shall be controlled by this TOS Agreement, unless specifically superseded by Promotion-specific rules. Furthermore, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information and sign a release, or authorize the use of certain biographical or other information about you in Versus Evil’s marketing materials. You acknowledge and agree that if a third-party administers any Promotion, that Versus Evil is not responsible for such third-party promotions
Versus Evil, including our affiliates and third-party developers and partners, provide this Website and its contents and related Services and Software “AS IS.” We make no express warranties or guarantees about this Website or any related Services, Software, or content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THIS WEBSITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
Limitation of Liability.
YOU AGREE THAT NEITHER VERSUS EVIL NOR OUR AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE THIS TOS AGREEMENT, OR TO YOUR (OR ANY THIRD-PARTY) USE OR INABILITY TO USE THIS WEBSITE, OR TO YOUR PLACEMENT OF CONTENT ON THIS WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE. NEITHER VERSUS EVIL NOR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS TOS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY PURCHASES MADE ON OR THROUGH THIS WEBISTE, OR YOUR PLACEMENT OF CONTENT ON THIS WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
Neither Versus Evil nor its affiliates or third-party developers or partners make any representation regarding your ability to transmit and receive information from or through this Website or our Services. You acknowledge and agree that your ability to access this Website and our Services and Software may be impaired. Versus Evil, its affiliates, third-party developers, and partners disclaim any and all liability resulting from or related to such events.
You agree to defend, indemnify, and hold harmless us, our affiliates, and third-party developers and partners, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website, Services, and Software. We and our affiliates, third-party developers, and partners reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Choice of Law and Location for Resolving Disputes.
You agree that the laws of the state of California, United States of America, and United States federal law govern this TOS Agreement, its subject matter, your use of this Website, our Services, Software, and content (including without limitation any content posted on this Website and the republication thereof), and any claim or dispute that you may have against us or our affiliates, third-party developers, or partners, without regard to its conflict of laws rules. You further consent to the personal jurisdiction of and the exclusive venue in the federal and state courts located in and serving San Mateo, California.
Choice of Law and Location for Resolving Disputes.
You agree that in the event of a dispute between you and Versus Evil or Versus Evil’s affiliates, third-party developers, or partners, you will make a good faith attempt to resolve the dispute informally for at least thirty (30) days before initiating arbitration (as provided below). This informal negotiation will commence upon receipt of written notice from you as provided herein, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek. You also agree to send this notice via certified mail, return receipt, to Dan Rogers, Attorney at Law, P.O. Box 1233, Oakhurst, CA 93644.
You agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Versus Evil (or its affiliates, third-party developers, or partners as the case may be) may litigate in court to compel arbitration, stay any proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.
Severability and Integration.
This TOS Agreement and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement between you and Versus Evil and supersedes all previous written or oral agreements. If any part of this TOS Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Claims of Copyright Infringement.
Versus Evil respects the intellectual property rights of others. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed the rights of Versus Evil, its affiliates, third-party developers, partners, or any third-party, or otherwise violated any intellectual property laws or regulations. If you believe that your work has been violated on this Website in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
Be aware that Versus Evil complies with the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you have questions at any time, please contact us at email@example.com. You can also contact us via postal mail at P.O. Box 482, Phoenix, MD 21131.
Copyright © 2018. Versus Evil LLC. All Rights Reserved.