Terms of Service
OUR POLICY REGARDING CHILDREN
In order to access certain functions and applications on this Website, or in our Services or Content, 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 Content 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.
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 Content 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.
- If you post or email content that defames or 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.
- If you supply information that is not true to the best of your knowledge.
- If you disclose the name, addresses, or any personal information of any third-party without that person’s express permission.
- If you are under the age of 13 and 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 thirteen.)
- If you use or attempt to use this Website and 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.)
- If you share unauthorized copyrighted content through the Website.
- If you post, send, forward, link, or otherwise communicate junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, and any other unsolicited or unauthorized commercial or promotional content, information or communications.
- If you make offers, advertisements, or proposals for goods, services, or other commercial activities outside of or without Versus Evil’s express written permission.
- If you circumvent or attempt to circumvent any Website or Services or Content protections and safeguards.
- If you 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. This non-acceptable behavior also 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.
- If you upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt the Website or Services, or Content.
- If you interfere with another person’s enjoyment of this Website or any of the Services, resources, or applications we offer.
- If you exploit bugs, undocumented features, trap doors, design errors, or problems inherent with this Website, our Services 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.
“Content” on this Website or within our Services 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, games, software, characters, icons, upgrades, links, and other content and features.
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. 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 the 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 or in any Website or Services Content or application 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 the game, service, or product. Our Virtual Currencies have no value outside of our games, services, or products. Our Virtual Currencies cannot be sold, traded, transferred, or exchanged for cash, and they may only be redeemed within the game, service, or product. 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 and Content are trademarks of Versus Evil or our affiliates and third-party developers and partners. Nothing contained on this Website or in our Services or Content should be understood as granting you a license to use any of these trademarks, service marks, logos, or any other Versus Evil Intellectual Property Right. 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 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 or through 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 that 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 or Services areas. Versus Evil is not responsible for any information that 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 or Services 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 is 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
Versus Evil, including our affiliates and third-party developers and partners, provide this Website and its Contents and related Services “AS IS.” We make no express warranties or guarantees about this Website or any related Services or Content. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SITE 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 SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.
LIMITATION OF LIABILITY
Neither Versus Evil nor its affiliates nor its third-party developers nor its 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 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 and Services. 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
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 that 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
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.
Please 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.