Versus Evil Terms of Use

Introduction

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE AND SERVICES.

These Terms of Use govern your use and access of the websites operated by or on behalf of Versus Evil LLC and/or its affiliates (“Versus Evil”, “we”, or “us”) where these Terms of Use appear (our “Websites”), whether accessed through desktop or mobile web browsers, by means of locally installed mobile web applications, through third-party social networking sites, by means of various API services, or through other services and access means that we may offer from time to time, including through our games, applications, other services, community forums, promotions and contests, and blogs (our “Services”). Your right to use our Websites and Services are subject to your compliance with all the terms and conditions of this Terms of Use and our Privacy Policy (which is available at: https://www.vsevil.net/privacy).

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THESE TERMS OF USE AND WITH VERSUS EVIL’S PRIVACY POLICY, INCLUDING ALL RULES, TERMS, CONDITIONS, RESTRICTIONS, AND NOTICES CONTAINED THEREIN. YOU FURTHER AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE PROMPTLY EXIT THIS WEBSITE.

VERSUS EVIL RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AND OUR PRIVACY POLICY AT ANY TIME, AND WE WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ONLINE AT THIS WEBSITE OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS THIS WEBSITE AFTER NOTICE OF ANY SUCH MODIFICATIONS, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

Our Policy Regarding Children

This Website and the Services contained herein are not intended for children under the age of thirteen (13). Children under the age of thirteen (13) may not use any Services or Content offered on or through this Website, and parents or legal guardians may not agree to these Terms of Use on their behalf.

If you are under the age of eighteen (18) but at least thirteen (13) years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of thirteen (13) and eighteen (18), be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur.

Registration

In order to access certain functions and applications on this Website, 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 can select any username you desire, except 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 do use your own name, you consent to it being passed to others through certain Website functions, including our blogs and forums. Versus Evil reserves the right to reject or remove any username.

For certain Website functions, such as the purchase of products and services, including, without limitation, promotions and contest entries, you may be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.

The Terms of Use contained herein and our Privacy Policy govern the information that you provide to us through any registration functionality. Please thoroughly review both these Terms of Use and our Privacy Policy before submitting any information to us.

Non-Commercial Use

This Website and its Content are for your personal, lawful non-commercial use only. Commercial use includes, without limitation, offers, advertisements, proposals for goods, services, or other activities outside of or without Versus Evil’s express written permission.

Privacy Policy

The personal information that you supply to us, along with any information that we obtain through your use of this Website and our Services are subject to our Privacy Policy. Your use of this Website signifies your continuing consent to our Privacy Policy, which you can examine any time by clicking on “Privacy Policy” link which appears at the bottom of the home page of this Website.

Changes to our Terms of Use

We may discontinue or change any Service, Content, function, or feature of this Website at any time with or without notice. We may also change these Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Website’s ” Terms of Use” link, which appears at the bottom of our home page at http://www.vsevil.net. If you continue to use this Website after we make changes to these Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

The revised Terms of Use as provided in the prior paragraph supersede all previous notices or statements regarding this Website and all Services, materials, and applications contained therein. For this reason, we encourage you to review these Terms of Use often. We also recommend that you print out a copy for your records.

Proper Use of This Website

When you contact us through email, participate in product promotions, contests, comment on our blog or 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 Services only for lawful purposes and only in ways consistent with the law.

You may not use any program, spider, offline reader, or “bot”, either automated or non-automated to gather, “scrape” or “harvest” information from this Website, Content, or our Services.

Community Guidelines

Your use of this Website, our Services, and the resources and Content we make available to you are subject to these Terms of Use, including without limitation these Community Guidelines. These Community Guidelines are designed to create a positive experience for all Website and Services users, and you will violate these Terms of Use:

  • 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, address, or any personal information of any third-party without that person or entity’s express permission.
  • If you are under the age of thirteen (13) and attempt to register on this Website or use any functionality or application for which registration is required. (If you are over the age of thirteen (13), you agree not to permit or encourage any violation of this rule.)
  • 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 protections and safeguards.
  • If you engage in disruptive behavior, including behavior that interferes with the normal flow of any gameplay, dialogue, application, or within the Services. This non-acceptable behavior also includes, without limitation, commercial postings, solicitations, advertisements, and posting repetitive text.
  • If you upload files that contain viruses, worms, spyware, time bombs, corrupted data, or software that does or may damage, interfere with, or disrupt our Websites or Services.
  • If you interfere with another person’s enjoyment of our Websites or any of the Services, resources, or applications we offer.
  • If you exploit in any way, without limitation, bugs, undocumented features, trap doors, design errors, or problems inherent with this Website, our Services, 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, 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.

We reserve all Intellectual Property Rights in all Content that is contained or included on this Website or included or contained in any Website application or function or our Services. In consideration for your agreement to the terms and conditions contained in this Terms of Use Agreement, Versus Evil grants you a personal, non-exclusive, non-transferable license to access and use this Website and its Services. You may download material from this Website only for your own personal, non-commercial use. You also agree that no monetary value can be attributed to your use of this Website or our Services, and you are using each solely for your personal entertainment value.

Unless expressly authorized by Versus Evil, you may not distribute, publicly perform, display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Content on this Website or within our Services. 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 Versus Evil logo, name, and all graphics on the Website and within our Services are trademarks of Versus Evil or of our affiliates and third-party developers and partners. Nothing contained on this Website or in our Services 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

Versus Evil, including our affiliates and third-party developers, may allow you to supply content on this Website and in our Services that can be viewed and accessed by others. In supplying this content, you agree not to post anything that violates these Terms of Use, an applicable end user licensing agreement, or our Community Guidelines. Any content that you provide that violates these Terms of Use, an end user licensing agreement, or our Privacy Policy may be removed.

If you post content on any blog, forum, or other public area of this Website or in our Services, 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 their use.. 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.

 

You acknowledge and agree that you are responsible and liable for any content you supply on our Website or in any of its functions or applications or in our Services. You agree that by posting any content to our Websites or Services you represent and warrant that: (1) you own or otherwise control all of the rights including without limitation, all copyrights, to your content or are otherwise legally entitled to post the submission; (2) the content is accurate and truthful; (3) use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further acknowledge and agree that you will indemnify Versus Evil and its affiliates and third-party developers against all claims resulting from any content or information that you supply, provide, or transmit to Versus Evil or its affiliates or third-party developers. Versus Evil has the right, but not the obligation, to monitor and edit or remove any activity or content.

 

No Duty to Monitor

You understand and agree that we have no obligation to monitor or screen our Websites or Services, including without limitation 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.
  • Disclose any content, message, or communication that you may post to any of our Websites or Services to any third-party in order to protect: (1) Versus Evil and its affiliates, sponsors, employees, officers, directors, shareholders, agents, representatives, and Website and Services users and visitors; (2) comply with legal obligations or governmental requests; or (3) enforce these Terms of Use; or (4) for any other reason or purpose.

 

Third-party Websites

Versus Evil, including our affiliates, third-party developers and partners, may include hyperlinks to websites controlled by third parties. You agree that neither Versus Evil, nor our affiliates, third-party developers and partners, is 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

From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) on our Websites and through our Services, or through a third-party. Your participation in any such Promotion is subject to the official rules or guidelines governing that Promotion. Versus Evil may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities shall be controlled by these Terms of Use, unless specifically superseded by Promotion-specific rules. Furthermore, as a condition to receiving any awards or prizes for participating in such Promotions, you may be required to provide additional information and sign a release, or authorize the use of certain biographical or other information about you in Versus Evil’s marketing materials. You acknowledge and agree that if a third-party administers any Promotion, that Versus Evil is not responsible for such third-party promotions

 

Warranty Disclaimer

Versus Evil, including our affiliates and third-party developers and partners, provide this Website and its Content and related Services “AS IS.” We make no express warranties or guarantees about this Website or any related Services. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE WEBSITE OR SERVICES ARE OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS WEBSITE OR OUR SERVICES OR OUR CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES OR SERVICES OR CONTENT WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.

 

Limitation of Liability

YOU AGREE THAT NEITHER VERSUS EVIL NOR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD-PARTY’S) USE OR INABILITY TO USE OUR WEBSITES OR SERVICES OR CONTENT, OR TO YOUR PLACEMENT OF CONTENT ON OUR WEBSITES OR SERVICES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH OUR WEBSITES, SERVICES, OR CONTENT. NEITHER VERSUS EVIL NOR ITS AFFILIATES, THIRD-PARTY DEVELOPERS OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE OUR WEBSITES, SERVICES, CONTENT, OR ANY PURCHASES MADE ON OR THROUGH OUR WEBSITES, SERVICES, OR CONTENT, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE ON INFORMATION OBTAINED FROM OR THROUGH THE OUR WEBSITES, SERVICES, OR CONTENT, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

 

Neither Versus Evil nor its affiliates nor its third-party developers nor its partners makes 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.

 

Indemnification

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.

 

Neither Versus Evil nor our affiliates, third-party developers, or partners make any representation that content on this Website or in its Services is appropriate or available for use in locations outside the United States. If you choose to access this Website or our Services from a location outside the United States, you do so on your own initiative, and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Texas, United States of America, and United States federal law govern these Terms of Use, its subject matter, your use of this Website and our Services (including without limitation any content posted on the site and the republication thereof), and any claim or dispute that you may have against us or our affiliates, third-party developers, or partners, without regard to its conflict of laws rules. You further consent to the personal jurisdiction of and the exclusive venue in the federal and state courts located in and serving Travis County, Texas.

 

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US AND/OR OUR AFFILIATES, THIRD-PARTY DEVELOPERS, AND AFFILIATES BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US AND/OR OUR AUTHORIZED DISTRIBUTOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

 

You agree that in the event of a dispute with Versus Evil or its 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 shall 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.

 

Binding Arbitration

You agree that any disputes or claims that you may have against us or our affiliates, third-party developers, or partners will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Versus Evil (or its affiliates, third-party developers, or partners as the case may be) may litigate in court to compel arbitration, stay any proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

 

Severability and Integration

This Terms of Use Agreement and any supplemental terms, policies, rules and guidelines posted on this Website constitute the entire agreement and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Termination

We reserve the right to terminate your use of this Website, any other Versus Evil Website, and any or all of our Services if you violate these Terms of Use, the Community Guidelines, our Privacy Policy, any rule or guideline posted on this Website or Services, or for any other reason in our sole discretion.

 

Alleged Violations

To ensure that Versus Evil provides a high-quality experience for you and other users of this Website and Services, you agree that Versus Evil and its affiliates, third-party developers and partners may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of this Website and Services. Versus Evil does not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to this Website and Services immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, Community Guidelines, or our Privacy Policy, or have furnished us with false or misleading information, or otherwise interfered with use of this Website and/or our Services by others.

 

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 you@vsevil.net.

 

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.

 

Questions

If you have questions at any time, please contact us at you@vsevil.net. You can also contact us via postal mail at 815 Brazos Street, Austin, Texas 78701.

Copyright © 2015. Versus Evil LLC. All Rights Reserved.