TERMS OF SERVICE

MRKTSTAR, INC.

Last Modified: April 10, 2023.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Acceptance of the Terms of Service

Welcome to MrktStar, Inc.’s (our “Company”, “we”, “us”, or “our”) Versus Game digital contest platform. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), including, without limitation, any applicable rules for our contests, including, without limitation, those found at https://www.versusgame.com/rules (collectively, “Rules”), govern your access to and use of our Versus Game platform and any content, features, functionality, and services (collectively, the “Services”) offered in connection therewith through one or more third-party hosts (each, a “Host”) that distribute our Services, as well as your use of https://www.versusgame.com (together, the “Website”), and all subdomains thereof, whether as a guest or a registered user. “You” and “your” refer to you, as a user of our Services. A “user” is someone who accesses, views, uses or in any way interacts with our Services.

Please read these Terms of Service carefully before you access our Services. By accessing the Website, creating an account, and/or otherwise using our Services, you accept and agree to be bound and abide by: (a) these Terms of Service and our Privacy Policy found at https://www.versusgame.com/privacy-policy (“Privacy Policy”); and (b) all applicable laws and regulations governing your use of the Services. THESE TERMS OF SERVICE FORM A BINDING LEGAL AGREEMENT GOVERNING YOUR USE OF THE WEBSITE AND/OR SERVICES, AS OFFERED BY US AND/OR A HOST. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES.

WE DO NOT REQUIRE YOU TO PURCHASE ANY ITEM OR PAY ANY FEE IN ORDER TO ACCESS AND/OR OTHERWISE USE THE SERVICES. NO PURCHASE NECESSARY IN ORDER TO PLAY ANY GAMES OFFERED BY THE WEBSITE.

Our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you (i) are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside, (ii) are physically located in a jurisdiction in which participation in the Services is unrestricted by that jurisdiction’s laws, (iii) agree to at all times abide by these Term, and (iv) meet all of the eligibility requirements to register an account and use the Website and Services. If you do not meet all of these requirements, you must not access our Services.

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time, in our sole and absolute discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access our Services so that you are aware of any changes to these Terms of Service, as they are binding on you. It is your responsibility to review these Terms of Service periodically.

The Services may also change from time to time, in our sole and absolute discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on your use of the Services at our sole discretion at any time. We may remove or refuse to distribute any contest, limit distribution or visibility of any contest, suspend or terminate any user, grant or remove Account (defined below) verification or contest hosting privileges, and reclaim any user name without liability to you. We may offer certain services or features for a fee; by paying for or using one of these services, you agree to any additional terms applicable to that service. We may add or remove Hosts, in our Company’s sole and absolute discretion, and you agree and acknowledge that you may be required to use or access our Services through a different Host.

Rules; Contest Eligibility

Rules can be found at https://www.versusgame.com/rules. The Rules are incorporated and made of these Terms of Services. All promotions, including contests, special offers, and bonuses are subject to these Terms of Services, the Rules, and to additional terms that may be published at the time of the promotion; provided, to the extent that any provision of these Terms of Service conflict with any provision of applicable Rules, such provisions of the applicable Rules shall control.

To be eligible to enter any contest or receive any prize, a user must meet all requirements set forth in the applicable Rules. Further, you may be required to provide our Company with additional documentation and/or information to verify the identity of the user, and to provide proof that all eligibility requirements set forth in the Rules have been met. In the event of a dispute as to the identity or eligibility of a user, our Company will, in its sole and absolute discretion, utilize certain information collected by our Company to assist in verifying the identity and/or eligibility of such user.

The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Website from a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. Not all Services may work with all carriers or devices.

PARTICIPATION IN A CONTEST FOR WHICH YOU ARE NOT ELIGIBLE WILL RESULT IN THE FORFEITURE OF ANY PRIZE OR AWARD EARNED AND MAY RESULT IN TERMINATION OF YOUR ACCOUNT.

Account Registration; Inactivity; Termination

When you register for an account to use our Services (“Account”), you must provide a valid email address and choose a user name and password in conjunction with the Account. You may not allow others to use your user name and password under any circumstances. Our Company is not liable for any harm caused by disclosure of your user name or password to others, or for the theft or misappropriation of your user name or password. You agree to notify us immediately in the event that your user name or password becomes compromised, or there is any other need to deactivate them due to security concerns. You may establish only one Account per person. You may not co-own an Account with any other person. In the event our Company discovers that you have opened more than one Account or are sharing an Account with anyone else, in addition to any other rights that our Company may have, our Company reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke any prizes.

PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your Account, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions for which you will be legally responsible.

It will be a condition of your use of our Services that all the information you provide within our Services is correct, current, and complete. You agree that all information you provide to register an Account, including, without limitation, through the use of any interactive features within our Services, is governed by our Privacy Policy found at https://www.versusgame.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We may verify your Account, or remove such verification, at any time and for any or no reason, in our sole and absolute discretion. Additionally, we reserve the right to grant, amend, or remove any privileges associated with your Account, including, without limitation, the right to host contests, at any time, for any or no reason, in our sole and absolute discretion.

If your Account has no activity for twenty-four (24) months, it will be considered inactive. Our Company will assess a fee of $2.99 per month on all inactive accounts until the account is reactivated by logging in to your Account, entering a contest, purchasing a bundle (see Rules), or withdrawing funds. Our Company will provide all users subject to an inactivity fee with at least thirty (30) days’ notice prior to the deduction of any fees.

If your Account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, our Company is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Our Company may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency.

In addition to any other rights of our Company under these Terms of Service and any other legal or equitable remedy, our Company may, without prior notice, immediately revoke any or all of your rights granted under these Terms of Service. In such event, you will immediately cease all access to and use of the Services. Our Company may revoke any password(s) and/or Account identification issued to you and deny you access to and use of the Services.

To take advantage of certain features and capabilities, you may be required to authenticate, register for or log into social media and social networking services like Facebook or Instagram (“Social Networking Services”) on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and our Company’s use, storage and disclosure of information related to you and your use of our Services, please see our Privacy Policy at https://www.versusgame.com/privacy-policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and our Company shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may serve as Host and/or be enabled within the Services. In the event the Social Networking Services do provide us access to information necessary to verify your Account and/or use of the Services, we may require that you provide such information directly to us in order for you to continue accessing the Website and/or otherwise using the Services (including, without limitation, redemption of any prizes).

In addition, our Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with any Host or Social Networking Services. As such, our Company is not liable for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any such Host or Social Networking Services. Our Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation except as otherwise made expressly known.

Bundles and Contests; Payment Processing; No Refunds

If you have any questions regarding participation in a contest, please review our Rules found at https://www.versusgame.com/rules. We offer: (1) Standard Games, and (2) Premium Games (each, only in permissible jurisdictions as set forth in the Rules). Generally speaking, to participate in our contests:

Find a game and click on it to play.

Each game consists of prediction questions. Prediction questions are formatted based upon events that take place in the future and have a source of truth to justify the result.

Create an account to play, track your results, and earn rewards.

Premium Games are played with Black Tickets and Standard Games are played with White Tickets. We gift you free White Tickets and Black Tickets (collectively, “Tickets”) in accordance with the terms set forth in our Rules. Play games with White Tickets to earn Black Tickets. Play games with Black Tickets to earn more Black Tickets.

No purchase necessary. You do not need to pay to play games.

Convert Black Tickets earned into digital coins, which can be redeemed for rewards.

For each contest, we do our best to match you with a player who chose the opposite answer as you. If you are not matched, your Tickets used to enter the contest will be automatically returned.

Input your preferred email address in your Account and you will receive updates on new contests and/or features.

We also allow you to purchase bundles, which provide access to additional features that may be offered as part of our Services. By associating your Account with a payment method for the purpose of purchasing bundles and/or any other microtransactions via the Website, you hereby affirm that you are the lawful owner of the payment method used to make any such purchase(s). It shall be a violation of these Terms of Service for you to submit payment using any payment method that is not owned by you. Our Company reserves the right to close your Account without notice upon notice that any purchase made with your Account is charged back. In the event of a dispute regarding the identity of the person making a purchase, the purchase will be deemed made by the person in whose name the Account was registered. ALL PURCHASES ARE FINAL AND NO REFUNDS WILL BE ISSUED. BUNDLES ARE NOT TRANSFERABLE OR EXCHANGEABLE.

Our Company utilizes one or more third-party payment processors and you will be required to agree to third-party terms and conditions in connection with such payment processing. It is your sole responsibility to review and understand any applicable third-party terms and conditions.

All awards from resolved contests within our Services will be processed only once per week, on the following Wednesday, unless our Company determines otherwise, in its sole and absolute discretion. All redemption of coins for prizes are subject to the restrictions set forth in our Rules. Our Company may impose certain limitations related to withdrawals from your Account from time to time, including imposing weekly maximum withdrawals, as determined by our Company or its third-party payment processors, in their sole discretion. To discover your limit, please reach out to your respective Company Account Manager for further details, if you are not already aware of your limit. Limits are subject to change at any time in our Company’s sole and absolute discretion.

You may be asked to confirm transactions associated with your Account within our Services and such confirmation may be required prior to participation in a contest, redemption of coins for prizes, or other use of the Services.

We reserve the right to suspend and/or cancel a contest at any time. Rewards will only be awarded if a contest is run to completion. We reserve the right to withhold prizes and/or to cancel, suspend, and/or void any contest entry at our absolute discretion where: (i) there is a technological failure or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, stoppage of athletic events, or other force majeure event that materially affects the outcome of any contest; (ii) there is any issue with our third-party data provider; (iii) we suspect a breach any of these Terms of Service; (iv) the integrity of the contest has been called into question; or (v) collusion between players has, or is believed to have, taken place.

Contest Disclaimer; Prohibited Conduct

All contests available through the Website and the MrktStar App are strictly contests of skill. Winners are determined by objective criteria as more fully described in the applicable Rules. Any entry fees associated with a contest will be listed in the applicable Rules. When you select to participate in a contest and complete the entry process, the amount of US dollars identified in the Rules, if any, will be debited from your Account. All decisions by the Company in selecting criteria, computing points, creating awards, and/or conducting any other aspect of a contest are made by the Company, in its sole discretion, and are final and not subject to appeals. You agree that, in order to facilitate contests in a timely manner, the Company may permit partial matches, as determined in its sole and absolute discretion, which means that participants in a given contest may provide different entry fees and/or be eligible for different points or prizes in accordance with the Rules. The Company, in its sole discretion, may disqualify you from a contest, the Website, or the MrktStar App, refuse to award points or prizes, and require the return of any prizes, or suspend, limit, or terminate your Account if you breach these Terms of Service, any applicable Rules, or otherwise engage in conduct the Company deems, in its sole discretion, to be improper or in any way detrimental to other users or to the Website or the MrktStar App. In addition to any applicable Rules presented in connection with a specific contest, you expressly agree that you will not:

Provide false personal information required to enter a contest or claim a prize;
Use, interact with, or otherwise access our Services through a virtual private network (VPN);
Attempt to play in a country we do not support;
Engage in financial fraud to enter a contest or claim a prize including unauthorized use of credit instruments;
Violate the Rules or these Terms of Service or any terms of service or comparable agreement required by the applicable Host;
Unless otherwise authorized, use a single Account to participate in a contest on behalf of multiple entrants or otherwise collaborate with others to participate in any contest;
Use one credit card or debit card with more than one account and for an account that is not yours;
Use automated means to interact with our Services in any way (including creating a contest, entering a contest, withdrawing from a contest, etc.);
Use automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information from our Services, or of any user for any purpose;
Tamper with the administration of a contest or trying to in any way tamper with the computer programs or any security measure associated with a contest;
Obtain other entrants’ information or spam other entrants; or
Abuse our Services in any way.

Our Company reserves the right to cancel contests in its sole discretion without restriction. By entering into a contest or accepting any prize, all entrants agree to indemnify, release, and to hold harmless our Company, its parents, subsidiaries, affiliates and argents, officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Our Company may, in its sole and absolute discretion, require a user to execute a separate release of claims and publicity rights as a condition of being awarded any prize.

Our Company is not responsible for any incorrect, invalid, or inaccurate entry information, human errors, technical malfunctions, failures of any public utility, omissions, interruptions, deletions or defects of any third-party system or network, computer online systems, data, computer equipment servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrants or any other person’s computer or video equipment relating to or resulting from participation in a contest, inability to access the Services, any web pages that are part of or related to the Services, theft, tampering, destruction, or unauthorized access to, or alteration of entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction, or the Internet, or any Internet service provider’s facilities, or for any other reason whatsoever, or any combination thereof.

Our Company is not responsible for incomplete, illegible, misdirected or stolen entries. If, for any reason, a contest is not capable of running as originally planned, or if a contest application (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest in accordance with these Terms of Service or applicable Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of our Company, corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest, our Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted within our Services.

In the event that the awarding of any prizes to winners is challenged by any third party or legal authority, our Company reserves the right, in its sole and absolute discretion, to determine whether or not to award such prizes.

All entries immediately become the property of our Company upon submission and will not be acknowledged or returned.

WHERE LEGAL, BOTH ENTRANTS AND WINNERS CONSENT TO THE USE OF THEIR NAME, VOICE AND LIKENESS/PHOTOGRAPH IN AND IN CONNECTION WITH THE DEVELOPMENT, PRODUCTION, DISTRIBUTION AND/OR EXPLOITATION OF ANY CONTEST, PROMOTION, OUR SERVICES WITHOUT COMPENSATION OR FURTHER CONSENT. WINNERS AGREE THAT FROM THE DATE OF NOTIFICATION BY OUR COMPANY OF THEIR STATUS AS A POTENTIAL WINNER AND CONTINUING UNTIL SUCH TIME WHEN OUR COMPANY INFORMS THEM THAT THEY NO LONGER NEED TO DO SO, THAT THEY WILL MAKE THEMSELVES REASONABLY AVAILABLE TO OUR COMPANY FOR PUBLICITY, ADVERTISING AND PROMOTIONAL ACTIVITIES.

Use of Information

With respect to the provision of the Services, you may provide us with certain personal information (such as name, postal address, e-mail address, or telephone number) and certain business information (such as name, EIN, postal address, e-mail address, or telephone number). By providing such personal information and business information to us, you verify that such information is true and accurate as of the date of submission.

Privacy Policy

We seek to respect your privacy and permit you to control the treatment of your personal information and business information. A complete statement of our current Privacy Policy can be found here: https://www.versusgame.com/privacy-policy. Our Privacy Policy is expressly incorporated into these Terms of Service by reference.

When you open an Account to use or access certain portions of our Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s Account, user name, or password at any time. You agree to notify us immediately of any unauthorized use of your Account, user name, or password. We are not liable for any losses you incur as a result of someone else’s use of your Account or password, either with or without your knowledge. You may be held liable for any losses incurred by our Company and its affiliates and each of their representatives, officers, directors, managers, members, employees, consultants, agents, and representatives due to someone else’s use of your Account or password.

Intellectual Property Rights

Our Services and their entire contents, features, and functionality (including, without limitation, all data, including aggregate and derivative data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by our Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material within our Services, except as follows::

Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your browser for display enhancement purposes;
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device; provided, however, that you agree to be bound by our end user license agreement for such applications; and
If we provide social media features within our Services with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from our Services;
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of these Terms of Service, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any of its content is transferred to you, and all rights not expressly granted are reserved by our Company. Any use of our Services not expressly permitted by these Terms of Service constitutes a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Trademarks

Our Company’s name and certain other names, logos, and phrases used within our Services, and all related names, logos, product and service names, designs, and slogans are trademarks of our Company or its affiliates or licensors. You will not use such marks without the prior written permission of our Company. All other names, logos, product and service names, designs, and slogans within our Services are the trademarks of their respective owners.

Virtual Items

Our Company may allow you to purchase, obtain or earn virtual items (including, but not limited to, Tickets) (collectively, the “Virtual Items”) all for use on the Website or Services. You may receive for free a certain number of Virtual Items when you: (1) first register an Account and/or (2) otherwise access and/or utilize the Services. You may also receive for free a certain number of Virtual Items based upon bonuses, rewards, and/or via other methods through your use and/or recommendation of the Services. Our Company reserves the right to revoke Virtual Items provided for use on the Website or Services in the event it is determined that such Virtual Items was provided via technical issue or malfunction of the Website and/or Services, and/or provided to you in violation of these Terms of Service. The purchase of Virtual Items is the purchase of a license that allows you to participate in Standard Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Virtual Items will not, and cannot, be refunded to you, except as otherwise provided in these Terms of Service. Virtual Items do not have any real money value.

You may also earn Virtual Items through activities within the Website, including, without limitation, by winning contests. You can use Virtual Items to play contests, or to participate in other Services that may be offered on the Website. Virtual Items may only be obtained and held by legal residents of jurisdictions where access to and use of the Website and Services is permitted.

You acknowledge that you do not in fact “own” Virtual Items. By acquiring Virtual Items, holders thereof have obtained a limited and revocable license to a digital product for use only in the Website, including, without limitation, the contests. This license is personal to the owner of the Account, and Virtual Items may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value) and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Account holders may not combine, transfer or share Virtual Items with other Account holders.

Any attempt to transfer, sell or perform any other action related to Virtual Items in violation of these Terms of Service may subject the Account holder to termination of his or her Account, and/or legal action. We reserve the right to take any action we deem appropriate in our sole discretion in the event we believe that an Account holder has violated these provisions.

Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use our Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the terms set forth in these Terms of Service;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;
To impersonate or attempt to impersonate our Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm our Company or users of our Services or expose them to liability.

Additionally, you agree not to:

Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including such person’s ability to engage in real time activities through our Services;
Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material within our Services;
Use any virtual private network (VPN) while engaging with our accessing our Services;
Use any manual process to monitor or copy any of the material within our Services or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of our Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server(s) on which our Server is stored, or any server, computer, or database connected to our Services;
Attack our Services via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of our Services.

User Contributions

Our Services may contain message boards, chat features, personal web pages or profiles, forums, bulletin boards, contest generation functionality, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through our Services.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to our Services will be considered non-confidential and non-proprietary. By providing any User Contribution within our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not our Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of our Services.

Monitoring and Enforcement; Termination

We have the right to, in our sole and absolute discretion:

Remove or refuse to post any User Contributions for any or no reason;
Take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contribution violates these Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public, or could create liability for our Company;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of our Services;
Grant or remove any Account verification, status, and/or contest hosting privileges, for any or no reason; and
Terminate or suspend your Account or access to all or part of our Services, for any or no reason, including, without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD HARMLESS OUR COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted within our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person, or organization; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement; DMCA Notices

If you believe that any User Contributions violate your copyright, you must send us a notice of copyright infringement and we will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. It is the policy of our Company to terminate the user accounts of repeat infringers. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512I(3)): (1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit our Company to locate the material (4) Information reasonably sufficient to permit our Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Reliance on Information Posted

The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

Our Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by our Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of our Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Certain MrktStar Content expresses the views of our Company and its employees and agents only and no other person or entity. Reliance on such MrktStar Content will be on an “as is” basis. You may not rely on the quality, accuracy, or reliability of any MrktStar Content. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “MrktStar Content” means all of the Content that originates from our Company in connection with our Services.

We reserve the right to withdraw or amend any of our Services or material we provide, in our sole and absolute discretion, without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of our Services to users, including registered users.

Changes to our Services

We may update the content within our Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material within our Services may be out of date at any given time and we are under no obligation to update such material.

Information About You and Your Usage

All information we collect within our Services is subject to our Privacy Policy found at https://www.versusgame.com/privacy-policy. By using our Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Linking to our Services and Social Media Features

You may link to our Services, so long as you do so in a way that is fair and legal and does not damage our reputation or take advantage of our offerings, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content within our Services;
Send e-mails or other communications with certain content, or links to certain content, within our Services; or
Cause limited portions of content within our Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you;
Cause our Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
Link to any part of our Services other than the landing page; or
Otherwise take any action with respect to the materials within our Services that is inconsistent with any other provision of these Terms of Service.

Our Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from our Services

If our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of our Services is based in the State of California in the United States. We provide our Services for use only by persons located in permissible jurisdictions (as set forth in the Rules) and residing within the United States. We make no claims that our Services or any of their content is accessible or appropriate outside of the United States. Access to our Services may not be legal by certain persons or in certain countries. If you access our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

OUR COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, OUR COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE SERVICES YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

YOUR USE OF OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. OUR SERVICES THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OUR COMPANY NOR ANY PERSON ASSOCIATED WITH OUR COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT, TITLE, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER OUR COMPANY NOR ANYONE ASSOCIATED WITH OUR COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

OUR COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

OBTAINING ANY MATERIALS THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DEVICES, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.

Limitation on Liability

YOU UNDERSTAND THAT OUR COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: IN NO EVENT WILL OUR COMPANY, ITS AFFILIATES, OR ANY OTHER RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO OR FROM OUR SERVICES, ANY CONTENT MADE AVAILABLE BY OUR COMPANY, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR SUCH OTHER WEBSITES, (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY OUR COMPANY OR LAW ENFORCEMENT REGARDING YOUR USE OF THE SERVICES, (3) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS, OR (4) ANY ERRORS OR OMMISSIONS IN THE TECHNICAL OPERATION OF THE SERVICES. THE FOREGOING LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SUCH LIMITATION OF LIABILITY WILL INCLUDE, WITHOUT LIMITAITON, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THESE TERMS OF SERVICE AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL OUR COMPANY, ITS AFFILIATES, OR ANY OTHER RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES. YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICES OR OTHER PROPERTY OWNED OR CONTROLLED BY OUR COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR OWN INFORMATION PROVIDED WITHIN THE SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SERVICES OR OTHER COMPANY PROPERTY OR YOUR INFORMATION PROVIDED WITHIN THE SERVICES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY USING OR ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Indemnification

You agree to defend, indemnify, and hold harmless our Company, its affiliates, subsidiaries, licensors, distributors, sponsors, contractors, service providers, suppliers and advertising, promotional and judging organizations, and each of its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of our Services, including, but not limited to, negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury sustained in connection with receipt, ownership, use, or misuse of a prize, or while preparing for or participating in any qualifying or prize-related activity, or in any other way related to your participation in any contest, your User Contributions, any use of any MrktStar Content, services, and products other than as expressly authorized in these Terms of Service, or your provision of any services related to or in connection with information obtained from our Services.

Governing Law and Jurisdiction

All matters relating to our Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Dispute Resolution by Binding Arbitration

Please read this binding arbitration requirement carefully. It affects your rights. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or our Services (subject to Section 10 of the Rules) will be instituted exclusively according to this binding arbitration provision. You agree to arbitrate ALL DISPUTES AND CLAIMS between us arising out of or relating to these Terms of Service and our Services (subject to Section 10 of the Rules) (each, a “Dispute”) and that all Disputes will be processed pursuant to this binding arbitration agreement. The types of Disputes we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (b) claims that arose before these or any prior Terms of Service (including, without limitation, claims relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of these Terms of Service.

For the purposes of this arbitration agreement, references to our Company and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or Use or any prior agreements between us.

Notwithstanding the foregoing, either party may bring an individual action in small claims court (subject to Section 10 of the Rules). This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies (subject to Section 10 of the Rules). Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, YOU AND OUR COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Terms of Service evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Service.

A party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of any Dispute (“Notice”) to the other party. A Notice to our Company should be addressed to the address set forth at the end of these Terms of Service and must describe the nature and basis of the Dispute and set forth the specific relief sought (“Demand”). If our Company and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or our Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by our Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or our Company is entitled.

All unresolved Disputes will be determined and settled by binding arbitration before an independent arbitrator selected by the parties. The arbitration hearing will occur at a time and place convenient to the Parties in San Mateo County, California, within 30 days of selection or appointment of the arbitrator. The arbitration will be governed by applicable rules of the American Arbitration Association (“AAA”) in effect on the date of the first notice of demand for arbitration. Notwithstanding any provisions in such rules to the contrary, the arbitrator will issue findings of fact and conclusions of law, and an award, within 15 days of the date of the hearing, unless the parties otherwise agree. The Parties will select the arbitrator from a panel list made available by the AAA. If the Parties are unable to agree to an arbitrator within ten days of expiration of the 30-day negotiation period referenced above, the arbitrator will be chosen by alternatively striking from a list of five arbitrators obtained by our Company from the AAA. The party that delivered the Notice will have the first strike.

The prevailing or successful party to any Dispute is entitled to recover all expenses of arbitration, including, without limitation, reasonable attorneys’ fees, witness fees, administrative fees, and arbitrator’s fees.

You waive any and all objections to the exercise of jurisdiction over you by any courts and to venue in such courts pursuant to the foregoing arbitration agreement.

Limitation on Time to File Claims

ANY DISPUTE OR OTHER CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability; Force Majeuere

No waiver of or by our Company of any term or condition set forth in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of our Company to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

The failure of our Company to comply with any provision of these Terms of Service due to an act of God, war, fire, riot, earthquake or other natural disaster, terrorism, actions of governmental authorities out of the control of our Company (excepting compliance with applicable regulations) or other force majeure event will not be considered a breach of these Terms of Service.

Entire Agreement

These Terms of Service, our Rules, and our Privacy Policy constitute the entire agreement between you and our Company with respect to our Services and your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Services and your use of our Services.

Electronic Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

You consent to receive marketing communications from our Company in respect of its offerings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting us below.

Acknowledgement

BY USING OR ACCESSING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Your Comments and Concerns

Our Services are operated by MrktStar, Inc.

All notices of copyright infringement claims should be directed to: support@versusgame.com and/or MrktStar, Inc. at 584 Castro Street, San Francisco, California 94114.

All other feedback, comments, requests for technical support, and other communications relating to our Services should be directed to: support@versusgame.com.