Last Modified: October 19, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
ACCEPTANCE OF THE TERMS OF SERVICE
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of the Versus Game platform (“Versus”) and any content, features, functionality, and services (collectively, the “Ad-Supported Version of Services” or “Services”) offered in connection therewith through one or more third-party hosts (“we,” “us,” or the “Host”) that distribute the Ad-Supported Version of Services, whether as a guest or a registered user. A “user” is someone who accesses, views, uses or in any way interacts with the Versus Game platform.
WE DO NOT REQUIRE YOU TO PURCHASE ANY ITEM OR PAY ANY FEE IN ORDER TO ACCESS AND/OR USE THE AD-SUPPORTED VERSION OF SERVICES. NO PURCHASE NECESSARY IN ORDER TO PLAY ANY GAMES OFFERED BY THE AD-SUPPORTED VERSION OF SERVICES.
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
CHANGES TO THE SERVICE
These Terms of Service may be updated, from time to time, in our sole and absolute discretion. All changes are effective immediately when posted and apply to all use of the Ad-Supported Version of Services thereafter. Your continued use of the Ad-Supported Version of Services constitutes your agreement to the changes.
The Ad-Supported Version of Services may also change from time to time, in Versus’ and absolute discretion. Versus may stop (permanently or temporarily) providing the Ad-Supported Version of Services or any features within Ad-Supported Version of Services. Versus also retains the right to create limits on your use of Ad-Supported Version of Services at Versus’ sole discretion at any time. Versus 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. Versus may offer certain services or features (“Additional Services”) for a fee; by paying for or using one of these Additional Services, you agree to any additional terms applicable to that Additional Service. Versus may add or remove Hosts, in Versus’ sole and absolute discretion.
Some products or services (including, without limitation, Additional Services) offered by Versus may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, Versus will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms. To the extent that the Additional Term conflict with any of the provisions contained within these Terms of Service, the Additional Terms shall apply.
ACCOUNT REGISTRATION; INACTIVITY; TERMINATION
When you register for an account to use the Services (“Account”), you must provide a valid email address and choose a user name and password. In the event you do not choose a username and password Versus will automatically assign you one. You may not allow others to use your user name and password under any circumstances. Neither we nor Versus are liable for any harm caused by the theft or misappropriation of your user name or password. You may establish only one Account per person. You may not co-own an Account with any other person. In the event we and/or Versus discover that you have opened more than one Account or are sharing an Account with anyone else, we and/or Versus reserve the right to suspend or terminate any or all of your Accounts. You agree that you are solely responsible for all actions taken via your Account, whether or not made with your knowledge or authority.
In addition to any other rights under these Terms of Service and any other legal or equitable remedy, Versus 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.
Versus 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. Versus is not liable for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any Host or Social Networking Services. Versus enables the Services and 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.
All contests offered by Versus are free to play. To participate in a contest:
- Find a game and click on it to play.
- Each game consists of a synopsis video with a corresponding prediction question and two answers. 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 points towards eligibility for potential rewards
- No purchase necessary. You do not need to pay to play games.
- For each contest, Versus does its best to match you with a player who chose the opposite answer as you.
- Input your preferred email address in your Account and you will receive updates on new contests and/or features
Versus reserves the right to cancel, suspend, and/or void any contest entry at any time and at Versus’ absolute discretion, including, without limitation, where: (i) there is a technological failure or other act beyond Versus’ reasonable control, (i.e., national emergency, pandemic, stoppage of events, or other force majeure event that materially affects the outcome of any contest); (ii) there is any issue with Versus’ third party data provider; (iii) we or Versus 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.
Winners are determined by the objective criteria established by Versus. All decisions are made by Versus, in its sole discretion, and are final and not subject to appeals. Versus reserves the right to make adjustments based on errors or irregularities in the transmission of contest information to us. Versus may disqualify you from the Ad-Supported Version of Services, or suspend, limit, or terminate your Account if you breach these Terms of Service, any Versus’ rules or criteria, or otherwise engage in conduct determined to be detrimental to other users or to the Ad-Supported Version of Services.
By entering into a contest, all entrants agree to indemnify, release, and to hold harmless our Versus, us, and the parents, subsidiaries, affiliates and agents, 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 your participation in the contest, as well as any claims based on publicity rights, defamation, or invasion of privacy.
Versus 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 Ad-Supported Version of Services, any web pages that are part of or related to the Ad-Supported Version of 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.
WHERE LEGAL, ENTRANTS 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, OR SERVICES WITHOUT COMPENSATION OR FURTHER CONSENT. WINNERS AGREE THAT FROM THE DATE OF NOTIFICATION OF YOUR STATUS AS A POTENTIAL WINNER AND CONTINUING UNTIL SUCH TIME YOU ARE INFORMED THAT YOU ARE NO LONGER NEEDED TO DO SO, THAT YOU WILL MAKE YOURSELF REASONABLY AVAILABLE TO HOST AND/OR VERSUS FOR PUBLICITY, ADVERTISING AND PROMOTIONAL ACTIVITIES.
INTELLECTUAL PROPERTY RIGHTS
The Services (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 Versus, 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 the Services for any commercial purpose without Versus’ prior written consent.
Versus’ brand, logos, product and service names, designs, and slogans are trademarks of Versus or its affiliates or licensors. You will not use such marks without the prior written permission of Versus.
Versus may allow you to earn virtual items (including, without limitation, points earned from participating in contests) (the “Virtual Items”) for use with the Services (and/or Additional Services, subject to the Additional Terms). Versus reserves the right to revoke Virtual Items in the event it is determined that such Virtual Items were provided via technical issue or malfunction of the Services, and/or provided to you in violation of these Terms of Service. Virtual Items do not have any real money value.
Virtual Items may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value). Any attempt to engage in any action related to Virtual Items in violation of these Terms of Service may result in termination of your Account and/or legal action.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to:
- Engage in any act that violates any applicable federal, state, local, or international law or regulation;
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam”, or any other similar solicitation;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Versus, may harm us, Versus, or users of the Services or expose them to liability.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose;
- Use any virtual private network (VPN) while engaging with or accessing the Services;
- Use any manual process to monitor or copy material within the Services for any other unauthorized purpose;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, trojan horses, 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 the Services; or
- Otherwise attempt to interfere with the proper working of the Services.
RELIANCE ON INFORMATION POSTED
The information presented via the Ad-Supported Version of Services is made available solely for general information purposes. Versus does not warrant the accuracy, completeness, or usefulness of any information. Any reliance placed on such information is strictly at your own risk. Versus disclaims all liability arising from any reliance placed on such materials.
Services may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by Versus, are solely the opinions and the responsibility of the person or entity providing those materials. Versus is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Certain Versus Content expresses the views of Versus and its employees and agents only and no other person or entity. Reliance on such Versus Content will be on an “as is” basis. You may not rely on the quality, accuracy, or reliability of any Versus Content. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Versus Content” means all of the Content that originates from Versus in connection with Versus’ providing of the Ad-Supported Version of Services.
Versus may update the content within the Ad-Supported Version of Services from time to time, but does not guarantee that the Content will be and/or is necessarily complete or up-to-date. Any of the material within the Ad-Supported Version of Services may be out of date at any given time and Versus is under no obligation to update such material.
LINKS FROM THE SERVICES
If the Ad-Supported Version of 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 and sponsored links. If you decide to access any of the third-party websites linked to the Ad-Supported Version of Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMER OF WARRANTIES
You understand that Versus cannot and does not guarantee or warrant that files available for downloading from the internet or the 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 an external means for any reconstruction of any lost data. VERSUS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA, OR OTHER MATERIAL DUE TO THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON VIA THE SERVICES.
VERSUS DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, VERSUS 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 THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VERSUS NOR ANY PERSON ASSOCIATED WITH VERSUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT, TITLE, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VERSUS NOR ANYONE ASSOCIATED WITH VERSUS REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VERSUS 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.
LIMITATION ON LIABILITY
YOU UNDERSTAND THAT VERSUS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: IN NO EVENT WILL VERSUS, 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, THE SERVICES, ANY CONTENT MADE AVAILABLE BY VERSUS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL VERSUS, 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 VERSUS’ 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 VERSUS AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR OWN INFORMATION PROVIDED WITHIN THE SERVICES. 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.
You agree to defend, indemnify, and hold harmless Versus, Host, and each of their affiliates, subsidiaries, licensors, distributors, sponsors, contractors, service providers, and suppliers, 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 the Ad-Supported Version of Services, or your provision of any services related to or in connection with information obtained from the Ad-Supported Version of Services.
GOVERNING LAW AND JURISDICTION
All matters relating to the Services, and any dispute or claim arising therefrom or related thereto, will be governed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this binding arbitration requirement carefully. It affects your rights.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Ad-Supported Version of Services 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 the Ad-Supported Version of Services (each, a “Dispute”).
For the purposes of this arbitration agreement, references to “us” and/or “we” includes Versus, Host, and 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 of Service.
Notwithstanding the foregoing, either party may bring an individual action in court for equitable relief (subject to these Terms of Service). YOU AGREE THAT, BY AGREEING TO THESE TERMS OF SERVICE, YOU AND US 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 sent to us 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 we do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or us may commence an arbitration proceeding.
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”). 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. 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 from the AAA.
The prevailing 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 THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS WAIVED AND PERMANENTLY BARRED.
WAIVER AND SEVERABILITY; FORCE MAJEUERE
Except as otherwise set forth in these Terms of Service, no waiver 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 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 Versus and/or Host 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 or other force majeure event will not be considered a breach of these Terms of Service.
These Terms of Service constitute the entire agreement between you, Versus, and Host with respect to your use of the Ad-Supported Version of Services.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we and/or Versus 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.
You consent to receive marketing communications from Versus 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.
YOUR COMMENTS AND CONCERNS
The Services are operated by MrktStar, Inc.
All notices of copyright infringement claims should be directed to: email@example.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 the Services should be directed to: firstname.lastname@example.org.