Terms of Service
Last updated June 23, 2018
1. LICENSE
1.1. Governing Agreement
The terms of this agreement ("Terms of Service") govern
the relationship between you and Victors United (hereinafter "Victors United" or
"Us" or "We"), regarding your use of Victors United’s social games and related
services, which includes Victors United websites (the "Service"). In this
agreement, "Victors United" means the website at https://victorsunited.com and
use of this website constitutes your agreement to and acceptance of this terms
of service.
1.2. Privacy Policy
Use of the Service is also governed by Victors United's
Privacy Policy, which is
incorporated herein by reference. Your privacy is important to us. We designed
Victors United's Privacy Policy to make important disclosures about how we
collect and use your content and information and how you can use the Service to
share such information with others. We encourage you to read the Victors United
Privacy Policy, carefully, and use it to help make informed decisions.
By creating an account or accessing or using the Service
you accept and agree to be bound by these Terms of Service and consent to the
collection, use and storage of your information as outlined in Victors United’s
Privacy Policy.
1.3. Updates to the Terms of
Service and Victors United Privacy Policy
Victors United reserves the right, at our discretion, to
change, modify, add or remove portions of these Terms of Service and its Privacy
Policy at any time by posting the amended Terms on the Victors United Service.
You may also be given additional notice, such as an e-mail message or messaging
within the Service, of any changes. You will be deemed to have accepted such
changes by continuing to use the Service. Except as otherwise stated, all
amended terms shall automatically be effective 14 days after they are initially
posted. Victors United may also revise other policies, codes or rules at any
time, and the new versions will be available on victorsunited.com
or in the Service. No amendment to the Terms of Service or Privacy Policy shall
apply to any dispute of which Victors United had actual notice before the date
of the amendment.
This agreement may not be otherwise amended except in a
writing hand signed by you and us. For purposes of this provision, "writing"
does not include an e-mail message and a signature does not include an
electronic signature.
If at any point you do not agree to any portion of the
then-current version of our Terms of Service, the Victors United Privacy Policy,
or any other Victors United policy, rules or codes of conduct relating to your
use of the Service, your license to use the Service shall immediately terminate,
and you must immediately stop using the Service.
To the extent the Terms of Service or Victors United
Privacy Policy conflict with any other Victors United terms, policy, rules or
codes of conduct, the terms contained in these Terms of Service and in the
Victors United Privacy Policy shall govern.
1.4. Grant of a Limited
License to Use the Service
Subject to your agreement and continuing compliance with
these Terms of Service and any other relevant Victors United policies, such as
the Forum Rules or Loyalty Program Terms, Victors United grants you a
non-exclusive, non-transferable, revocable limited license subject to the
limitations in Sections 1.5-1.9 to access and use the Service using a Victors
United supported web browser (such as Mozilla Firefox or Google Chrome) or
mobile device solely for your own non-commercial entertainment purposes. You
agree not to use the Service for any other purpose.
1.5. Accessing the Service
Before accessing or using the Service, including browsing
any Victors United website or accessing a game, you must agree to these Terms of
Service and the Privacy Policy. You may also be required to register an account
on the Service (an "Account"), have a valid account on the social networking
service ("SNS") through which you connect to the Service, or have an account
with the applications provider for your mobile device. If you are between the
ages of 13 and 17, you represent that your legal guardian has reviewed and
agreed to these Terms.
You must provide all equipment and software necessary to
connect to the Service, including, but not limited to, a mobile device that is
suitable to connect with and use the Service, in cases where the Service offers
a mobile component.
You are responsible for any fees, including internet
connection or mobile fees that you incur when accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the
Service:
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a. You shall not create an Account or access the Service if you are under the
age of 13;
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b. You shall monitor your Account to restrict use by minors, and you will deny
access to children under the age of 13. You accept full responsibility for any
unauthorized use of the Service by minors. Your are responsible for any use of
your credit card or other payment instrument (e.g. paypal) by minors;
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c. You shall not have more than one Account, per platform or SNS, at any given
time, and shall not create an account using a false identity or information, or
on behalf of someone other than yourself;
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d. You shall not create an Account or use the Service if you are a convicted
sex offender;
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e. You shall not have an Account or use the Service if you have previously
been removed by Victors United, or previously been banned from playing any
Victors United game;
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f. You shall use your Account only for non-commercial purposes;
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g. You shall not use your Account to advertise, or solicit, or transmit any
commercial advertisements, including chain letters, junk e-mail or repetitive
messages (spim and spam) to anyone;
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h. You shall not use your Account to engage in any illegal conduct;
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i. You shall not rent, lease, sell, trade, gift, bequeath or otherwise
transfer your Account or any virtual items or virtual currency associated with
your Account to anyone without Victors United’s written permission; and
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j. You shall not access or use an Account which has been rented, leased, sold,
traded, gifted, bequeathed, or otherwise transferred from the Account creator
without Victors United’s permission.
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k. If you access the Service from an SNS you shall comply with its terms of
service/use as well as these Terms of Service.
1.7. Account Information
When creating or updating an Account on the Service, you
are required to provide Victors United with certain personal information, which
may include your name, birth date, e-mail address, and, in some cases, payment
information. This information will be held and used in accordance with Victors
United's Privacy Policy.
You agree that you will supply accurate and complete information to Victors
United, and that you will update that information promptly after it changes.
You understand that on certain Victors United websites
your user ID number, name and profile picture will be publicly available and
that search engines may index your name and profile photo.
1.8. Login Information
During the Account creation process, you will be required
to select a username and password ("Login Information"). The following rules
govern the security of your Login Information:
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a. You shall not share the Account or the Login Information, nor let anyone
else access your account or do anything else that might jeopardize the security
of your Account;
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b. In the event you become aware of or reasonably suspect any breach of
security, including without limitation any loss, theft, or unauthorized
disclosure of the Login Information, you must immediately notify Victors United
and modify your Login Information;
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c. You are solely responsible for maintaining the confidentiality of the Login
Information, and you will be responsible for all uses of the Login Information,
including purchases, whether or not authorized by you; and
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d. You are responsible for anything that happens through your Account.
1.8.1. Rules Related
specifically to Usernames
Each user will select their own username to represent them
in the service. When choosing a
username, you must abide by the following guidelines as well as the rules of
common decency. If Victors United finds such a username to be offensive or
improper, it may, in its sole and absolute discretion, change the name, remove
the name and corresponding chat room, and/or suspend or terminate your use of
the Service. In particular, you may not
use any username:
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(i) Belonging to another person with the intent to
impersonate that person, including without limitation any employee or agent of
Victors United;
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(ii) That incorporates vulgar language or which are
otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or
otherwise objectionable;
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(iii) Subject to the rights of any other person or entity
without written authorization from that person or entity;
·
(iv) That belongs to a popular culture figure, celebrity,
or media personality;
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(v) That is, contains, or is substantially similar to a
trademark or service mark, whether registered or not;
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(vi) Belonging to any religious figure or deity;
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(vii) Related to drugs, sex, alcohol, or criminal
activity;
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(viii) Comprised of partial or complete sentence (e.g.,
"Inyourface", "Welovebeef", etc);
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(ix) Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm",
"Hvlldrm");
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(x) Referring to pop culture icons or personas (e.g. "
"Britneyspears", "Austinpowers", "Batman")
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(xi) That incorporates titles.
For purposes of this subsection, "titles"
shall include without limitation 'rank' titles (e.g. , "CorporalTed," or
"GeneralVlad"), monarchistic or fantasy titles (e.g., "KingMike",
"LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al").
You may not use a misspelling or an
alternative spelling to circumvent the name restrictions listed above, nor can
you have a "first" and "last" name that, when combined, violate the above name
restrictions.
Victors United reserves the right to remove or reclaim any
usernames at any time and for any reason, including but not limited to claims by
a third party that a username violates the third party’s rights.
1.9. License Limitations
Any use of the Service in violation of these License
Limitations is strictly prohibited, can result in the immediate revocation of
your limited license granted by Section 1.4, and may subject you to liability
for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE
SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY
VICTORS UNITED GAME IS A VIOLATION OF VICTORS UNITED POLICY AND MAY BE A
VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
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a. Engage in any act that Victors United deems to be in conflict with the
spirit or intent of the Service, including but not limited to circumventing or
manipulating these Terms, our game rules, game mechanics or policies;
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b. Make improper use of Victors United’s support services, including by
submitting false abuse reports; or
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c. Use the Service in connection with any violation of any applicable law or
regulation, or do anything that promotes the violation of any applicable law or
regulation;
CHEATING AND HACKING - You agree that you will not, under
any circumstances:
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d. Use cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with the
Service, any Victors United Game or any Victors United game experience;
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e. Use the Service in order to design or assist in the design of cheats,
automation software, bots, hacks, mods or any other unauthorized third-party
software designed to modify or interfere with the Service, any Victors United
game or any Victors United game experience;
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f. Without Victors United’s express written consent, modify or cause to be
modified any files that are a part of the Service or any Victors United game;
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g. Disrupt, overburden, or aid or assist in the disruption or overburdening of
(1) any computer or server used to offer or support the Service or any Victors
United game environment (each a "Server"); or (2) the enjoyment of the Service
or any Victors United game by any other person;
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h. Institute, assist, or become involved in any type of attack, including
without limitation distribution of a virus, denial of service attacks upon the
Service, or other attempts to disrupt the Service or any other person’s use or
enjoyment of the Service; or
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i. Attempt to gain unauthorized access to the Service, Accounts registered to
others or to the computers, Servers, or networks connected to the Service by any
means other than the user interface provided by Victors United, including but
not limited to, by circumventing or modifying, attempting to circumvent or
modify, or encouraging or assisting any other person to circumvent or modify,
any security, technology, device, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT - You agree that you will
not, under any circumstances:
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j. Post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable or
offensive;
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k. Post any information that contains nudity, excessive violence, or offensive
subject matter or that contains a link to such content;
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l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment,
abuse, or harm of another person, group, including Victors United employees,
including Victors United’s customer service representatives; or
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m. Make available through the Service any material or information that
infringes any copyright, trademark, patent, trade secret, right of privacy,
right of publicity, or other right of any person or entity or impersonates any
other person, including without limitation a Victors United employee;
COMMERCIAL ACTIVITY - You agree that you will not, under
any circumstances:
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n. Without Victors United’s express written consent, use the Service, any
Victors United game, or any part thereof for any commercial purpose, including
but not limited to, (1) permitting, authorizing, or offering use of the Service,
any Victors United game, or any part thereof at a cyber café, computer gaming
center or any other commercial establishment provided however that, for clarity,
providing the means for users to access the Internet is not prohibited by the
forgoing, (2) communicating or facilitating any commercial advertisement or
solicitation, or (3) gathering in-game currency, items or resources for sale;
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o. Use the Service, any Victors United game, or any part thereof for
performing in-game services, such as power-leveling and item collection
services, in exchange for payment outside the Service;
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p. Transmit unauthorized communications through the Service, including junk
mail, chain letters, spam and any materials that promote malware, spyware and
downloadable items; or
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree
that you will not, under any circumstances:
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q. Interfere or attempt to interfere with the proper functioning of the
Service or connect to or use the Service or any Victors United game in any way
not expressly permitted by these Terms of Service;
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r. Use any unauthorized third-party software that accesses, intercepts,
"mines", or otherwise collects information from or through the Service or that
is in transit from or to the Service, including, without limitation, any
software that reads areas of RAM or streams of network traffic used by the
Service or any Victors United game to store information about Victors United
game characters, elements, or environment. Victors United may, at its sole and
absolute discretion, allow the use of certain third party user interfaces;
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s. Intercept, examine or otherwise observe any proprietary communications
protocol used by a client, a Server, or the Service, whether through the use of
a network analyzer, packet sniffer or other device;
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t. Make any automated use of the system, or take any action that imposes or
may impose (in our sole discretion) an unreasonable or disproportionately large
load on our infrastructure;
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u. Bypass any robot exclusion headers or other measures we take to restrict
access to the service or use any software, technology, or device to send content
or messages, scrape, spider, or crawl the Service, or harvest or manipulate
data;
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v. Use, facilitate, create, or maintain any unauthorized connection to the
Service, including without limitation (1) any connection to any unauthorized
server that emulates, or attempts to emulate any part of the Service, or (2) any
connection using programs, tools, or software not expressly approved by Victors
United;
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w. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying software or other intellectual
property used to provide the Service or any Victors United game, or to obtain
any information from the Service or any Victors United game using any method not
expressly permitted by Victors United; or
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x. Copy, modify or distribute rights or content from any Victors United site
or game, or Victors United’s copyrights or trademarks or use any method to copy
or distribute the content of the Service except as specifically allowed in these
Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You
agree that you will not, under any circumstances:
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y. Solicit or attempt to solicit personal information from other users of the
Service or any Victors United game; or
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z. Collect, harvest or post anyone’s private information, including personally
identifiable information (whether in text, image or video form), identification
documents, or financial information through the Service.
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aa. upload or transmit (or attempt to upload or to transmit), without Victors
United’s express permission, any material that acts as a passive or active
information collection or transmission mechanism, including, without limitation,
clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or
other similar devices (sometimes referred to as "spyware," "passive collection
mechanisms" or "pcms").
1.10. Suspension and
Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, VICTORS UNITED MAY
LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO VICTORS
UNITED SERVICES OR PORTIONS THEREOF IF YOU ARE, OR VICTORS UNITED SUSPECTS THAT
YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL
OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO
YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION
OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED
ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND VICTORS UNITED IS UNDER NO
OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND
OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS
TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE
HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM
ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE
LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES,
OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION,
SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS.
Victors United reserves the right to stop offering and/or
supporting the Service or a particular game or part of the Service at any time,
at which point your license to use the Service or a part thereof will be
automatically terminated. In such event, Victors United shall not be required to
provide refunds, benefits or other compensation to users in connection with such
discontinued Services.
Termination of your Account can include disabling your
access to the Service or any part thereof including any content you submitted or
others submitted.
You may cancel any Account registered to you at any time
by following the instructions on VictorsUnited.com.
1.11. Ownership
1.11.1. Games and Service
The Service (including without limitation any games,
titles, computer code, themes, objects, characters, character names, stories,
dialogue, catch phrases, concepts, artwork, animations, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information,
recordings of games played using a Victors United game client, and the Victors
United game clients and server software) are copyrighted works owned by Victors
United Inc. Victors United reserves all rights, including without limitation,
all intellectual property rights or other proprietary rights, in connection with
its games and the Service.
1.11.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU
ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY
INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS
IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT
OF VICTORS UNITED. VICTORS UNITED RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT
THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.11.3. Virtual Items
Victors United owns, has licensed, or otherwise has rights
to use all of the content that appears in the Service or the Victors United
games. Notwithstanding any provision to the contrary herein, you agree that you
have no right or title in or to any content that appears in the Service,
including without limitation the virtual goods or currency appearing or
originating in any Victors United game, whether earned in a game or purchased
from Victors United, or any other attributes associated with an Account or
stored on the Service.
Victors United prohibits and does not recognize any
purported transfers of virtual property effectuated outside of the Service, or
the purported sale, gift or trade in the "real world" of anything that appears
or originates in the Service, unless otherwise expressly authorized by Victors
United in writing. Accordingly, you may not trade, sell or attempt to sell
in-game items or currency for "real" money, or exchange those items or currency
for value of any kind outside of a game, without Victors United’s written
permission. Any such transfer or attempted transfer is prohibited and void, and
will subject your Account to termination.
1.11.4. User Content
"User Content" means any communications, images, maps,
boards, sounds, and all the material, data, and information that you upload or
transmit through a Victors United game client or the Service, or that other
users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using
the Service, you affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential; (b) not in violation of any
laws, contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware, spyware,
worms or other malicious code; and (d) you acknowledge and agree that any of
your personal information within such content will at all times be processed by
Victors United in accordance with its Privacy Policy.
You hereby grant Victors United a perpetual and
irrevocable (other than as provided below), worldwide, fully paid-up and royalty
free, non-exclusive, unlimited license, including the right to sublicense and
assign to third parties, and right to copy, reproduce, fix, adapt, modify,
improve, translate, reformat, create derivative works from, manufacture,
introduce into circulation, commercialize, publish, distribute, sell, license,
sublicense, transfer, rent, lease, transmit, publicly display, publicly perform,
or provide access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way now known or in the future discovered, your User Content as
well as all modified and derivative works thereof. To the extent permitted by
applicable laws, you hereby waive any moral rights you may have in any User
Content. The license you grant Us to use user posted content (except any content
you submit in response to Victors United promotions and competition or any other
content specifically solicited by Victors United) ends when you delete your User
Content or you close your Account unless your User content has been shared with
others, and they have not deleted it. However, you understand and accept that
removed content may persist in back-up copies for a reasonable period of time.
2. USER CONTENT
2.1. Content Screening
Victors United assumes no responsibility for the conduct
of any user submitting any User Content, and assumes no responsibility for
monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User
Content. However, at our discretion, our representatives or technology may
monitor and/or record your interaction with the Service or communications
(including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby
provide your irrevocable consent to such monitoring and recording. You
acknowledge and agree that you have no expectation of privacy concerning the
transmission of any User Content, including without limitation chat text or
voice communications.
If at any time Victors United chooses, in its sole
discretion, to monitor the Service, Victors United nonetheless assumes no
responsibility for User Content and assumes no obligation to modify or remove
any inappropriate User Content. We have the right, but not the obligation, in
our sole discretion to edit, refuse to post, or remove any User Content.
2.2. Information Use by Other
Members of the Service
2.2.1. Public Discourse
The Service may include various forums, blogs and chat
features where you can post User Content, including your observations and
comments on designated topics. Victors United cannot guarantee that other
members will not use the ideas and information that you share. Therefore, if you
have an idea or information that you would like to keep confidential and/or
don’t want others to use, do not post it on the Service. Victors United shall
have no responsibility to evaluate, use or compensate you for any ideas or
information you may choose to submit.
VICTORS UNITED IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR
MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND
CHAT ROOMS.
2.2.2. Responsible For Your
Own Content
You are solely responsible for the information that you
post on, through or in connection with the Service and that you provide to
others.
Information, materials, products or services provided by
other users (for instance, in their profiles) may, in whole or in part, be
unauthorized, impermissible or otherwise violate these Terms of Service, and
Victors United assumes no responsibility or liability for this material. If you
become aware of misuse of the Service by any person, please use any "Report
Abuse" link provided or contact us at
Customer Support.
Victors United may reject, refuse to post or delete any
User Content for any or no reason, including, but not limited to, User Content
that in the sole judgment of Victors United violates these Terms of Service.
Victors United reserves the right to limit the storage
capacity of User Content that you post on, through or in connection with the
Service.
2.3. Disclosure
You expressly agree that We have the right, at all times,
and at our sole discretion, to disclose any user content and other information
(including without limitation chat text, voice communications, IP addresses and
your personal information): (a) in response to legal process (for example, a
court order, search warrant or subpoena) when We have a good faith belief that
the information is required to be disclosed in response to legal process; (b) to
allow Us to satisfy any applicable law, regulation or governmental request; (c)
to allow Us to enforce these Terms of Service, the Victors United Privacy Policy
or any other agreement, terms or policy relating to the Service, (d) to protect
our legal rights and remedies; (e) in other circumstances in which We believe
the Victors United games or web sites are being used in the commission of a
crime (including exchanging information with other companies and organizations
for the purposes of fraud protection and credit risk reduction) and for the
purpose of reporting the same to the appropriate authorities; (f) to report any
other suspected crime or other offensive behavior to the appropriate
authorities; (g) when We have a good faith belief that there is a threat to the
health and/or safety of you or another person; or (h) when necessary either to
protect the rights or property of Victors United, or for Us to render the
Service you have requested.
2.4. User Interactions
2.4.1 Member Disputes
You are solely responsible for your interactions with
other users of the Service and any other parties with whom you interact through
the Service and/or Victors United games. Victors United reserves the right, but
has no obligation, to become involved in any way with these disputes.
2.4.2 Release
If you have a dispute with one or more users, you release
us (and our officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, arising out of or in any way connected with
such disputes. If you are a California resident, you waive California Civil Code
§1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor."
3. FEES AND PURCHASE TERMS
3.1. Purchases
In the Service you may purchase, with "real world" money,
a license to use (a) "virtual currency", including but not limited to virtual
coins, cash, tokens, or points, all for use in Victors United games; (b)
"virtual in-game items" (together with "virtual currency", "Virtual Items"); and
(c) other goods or services ("Merchandise"). You may also obtain a license to
use Virtual Items by redeeming third party virtual currency, for example
Facebook Credits.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL
CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items by visiting the purchase page
in one of our games, providing your billing information, confirming the
particulars of your purchase and re-affirming your agreement to these Terms.
When you place an order to purchase Virtual Items from our Service, we may send
you a confirmatory e-mail that will contain details of the items you have
ordered. Please check that the details in the confirmatory e-mail are correct as
soon as possible and maintain a copy of it for your records. Victors United
keeps records of transactions in order to deal with any subsequent queries. If
you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s
Payment Terms and Victors United is not a party to the transaction.
For Virtual Items, your order will represent an offer to
us to purchase the relevant product(s) which will be accepted by us when we make
the Virtual Items available in your account for you to use in our games or debit
your credit card, whichever comes first.
The provision of Virtual Items for use in Victors United
games is a service provided by Victors United that commences immediately upon
acceptance by Victors United of your purchase. By ordering Virtual Items you
agree and accept that Victors United will provide them to you immediately
following completion of your purchase. If you reside in the European Union and
you purchase a product or service from Victors United, you have the right to
withdraw from a purchase within seven calendar days, commencing on the day after
the date of purchase (the "Cooling Off Period"). However, you lose your right of
withdrawal if the performance of the services begins before the end of the
Cooling Off Period. Accordingly, please note that if you purchase Virtual Items
from us, your right of withdrawal is lost as the performance of our services
begins immediately once your purchase is completed.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by
you or anyone using an Account registered to you. Victors United may revise the
pricing for the goods and services offered through the Service at any time. YOU
ACKNOWLEDGE THAT VICTORS UNITED IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY
REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED
VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
4. THIRD PARTY ADVERTISING
4.1. Third Party
Advertisements
You understand that the Service and Victors United games
may feature advertisements from Victors United or third parties. Victors
United's disclosure of information for third party advertising is addressed in
Victors United's Privacy
Policy.
4.2. Links to Third Party
Sites And Dealings With Advertisers
Victors United may provide links on the Service to third
party websites or vendors who may invite you to participate in a promotional
offer in return for receiving optional Services and/or upgrades (such as in-game
currency). Any charges or obligations you incur in your dealings with these
third parties are your responsibility. Victors United makes no representation or
warranty regarding any content, goods and/or services provided by any third
party even if linked from our Service, and will not be liable for any claim
relating to any third party content, goods and/or services. The linked sites are
not under the control of Victors United and may collect data or solicit personal
information from you. Victors United is not responsible for their content,
business practices or privacy policies, or for the collection, use or disclosure
of any information those sites may collect. Further, the inclusion of any link
does not imply endorsement of Victors United of these linked sites.
5. COPYRIGHT
NOTICES/COMPLAINTS
It is Victors United's policy to respond to notices of
alleged copyright infringement that comply with the Digital Millennium Copyright
Act. For more information, please go to
Victors United's Copyright Page
to review our DMCA Notification Guidelines. Victors United reserves the right to
terminate without notice any User's access to the Victors United Service if that
User is determined by Victors United to be a "repeat infringer." In addition,
Victors United accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials.
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one.
Victors United may require that you accept updates to the Service and to Victors
United’s games you have installed on your computer. You acknowledge and agree
that Victors United may update the Service and Victors United games, with or
without notifying you. You may need to update third party software from time to
time in order to receive the Service and play Victors United’s Games.
7. DISCLAIMERS / LIMITATIONS /
WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR
SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW
WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST
USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER VICTORS UNITED NOR
ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS
(COLLECTIVELY, "VICTORS UNITED PARTIES") WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE.
7.2. LIMITATIONS; WAIVERS OF
LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT
PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN
APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE
OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY,
BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE VICTORS UNITED
PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE VICTORS
UNITED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE VICTORS
UNITED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS
OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE
AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE VICTORS UNITED PARTIES BE
LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID VICTORS UNITED IN THE ONE
HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU
FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID
VICTORS UNITED ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VICTORS UNITED IS TO STOP USING
THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY
TO YOU.
7.3. Indemnification
You agree to indemnify, save, and hold Victors United, its
affiliated companies, contractors, employees, agents and its third-party
suppliers, licensors, and partners harmless from any claims, losses, damages,
liabilities, including legal fees and expenses, arising out of your use or
misuse of the Service, any violation by you of these Terms of Service, or any
breach of the representations, warranties, and covenants made by you herein.
Victors United reserves the right, at Your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
Victors United, and you agree to cooperate with Victors United’s defense of
these claims. Victors United will use reasonable efforts to notify you of any
such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will
survive any termination of your Account(s) or of the Service.
8. DISPUTE RESOLUTION
8.1. General
If a dispute arises between you and Victors United, our
goal is to provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and Victors United agree that we will resolve
any claim or controversy at law or equity that arises out of this Agreement or
our services (a "Claim") in accordance with one of the subsections below or as
we and you otherwise agree in writing. Before resorting to these alternatives,
we strongly encourage you to first contact us directly to seek a resolution by
going to Customer Support. We
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration, as alternatives
to litigation.
8.2. Law and Forum for Legal
Disputes
If you are a resident of the United States or Japan, this
Agreement and any dispute arising out of or related to it or the Service shall
be governed in all respects by the laws of the State of California as they apply
to agreements entered into and to be performed entirely within California
between California residents, without regard to conflict of law provisions. You
agree that any claim or dispute you may have against Victors United Inc. must be
resolved exclusively by a state or federal court located in King County,
Washington, except as otherwise agreed by the parties or as described in the
Arbitration Option paragraph below. You agree to submit to the personal
jurisdiction of the courts located within King County, Washington for the
purpose of litigating all such claims or disputes.
8.3. Arbitration Option
For any claim (excluding claims for injunctive or other
equitable relief) where the total amount of the award sought is less than
$10,000, the party requesting relief may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. In the event
a party elects arbitration, they shall initiate such arbitration through an
established alternative dispute resolution ("ADR") provider mutually agreed upon
by the parties. The ADR provider and the parties must comply with the following
rules: (a) the arbitration shall be conducted by telephone, online and/or be
solely based on written submissions, the specific manner shall be chosen by the
party initiating the arbitration; (b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and (c) any judgment on the award rendered by the arbitrator
shall be final and may be entered in any court of competent jurisdiction.
8.4. Improperly Filed Claims
All claims you bring against Victors United must be
resolved in accordance with this Legal Disputes Section. All claims filed or
brought contrary to Section 8.2 shall be considered improperly filed. Should you
file a claim contrary to Section 8.2, Victors United shall be entitled to
recover attorneys' fees and costs up to $1000, provided that Victors United has
notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
9. SEVERABILITY
You and Victors United agree that if any portion of these
Terms of Service or of the Victors United Privacy Policy is found illegal or
unenforceable, in whole or in part by any court of competent jurisdiction, such
provision shall, as to such jurisdiction, be ineffective solely to the extent of
such determination of invalidity or unenforceability without affecting the
validity or enforceability thereof in any other manner or jurisdiction and
without affecting the remaining provisions of the Terms, which shall continue to
be in full force and effect.
10. GENERAL PROVISIONS
10.1. Assignment
Victors United may assign or delegate these Terms of
Service and/or the Victors United Privacy Policy, in whole or in part, to any
person or entity at any time with or without your consent. You may not assign or
delegate any rights or obligations under the Terms of Service or Privacy Policy
without Victors United’s prior written consent, and any unauthorized assignment
and delegation by you is ineffective.
10.2. Supplemental Policies
Victors United may publish additional policies related to
specific services such as forums, contests or loyalty programs. Your right to
use such services is subject to those specific policies and these Terms of
Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any
documents expressly incorporated by reference herein (including the Victors
United Privacy Policy), contain the entire understanding of you and Victors
United, and supersede all prior understandings of the parties hereto relating to
the subject matter hereof, whether electronic, oral or written, or whether
established by custom, practice, policy or precedent, between you and us with
respect to the Service.
10.4. No Waiver
The failure of Victors United to require or enforce strict
performance by you of any provision of these Terms of Service or the Victors
United Privacy Policy or failure to exercise any right under them shall not be
construed as a waiver or relinquishment of Victors United's right to assert or
rely upon any such provision or right in that or any other instance.
The express waiver by Victors United of any provision,
condition, or requirement of these Terms of Service or the Victors United
Privacy Policy shall not constitute a waiver of any future obligation to comply
with such provision, condition or requirement.
Except as expressly and specifically set forth in this
these Terms of Service, no representations, statements, consents, waivers, or
other acts or omissions by Victors United shall be deemed a modification of
these Terms of Service nor legally binding, unless documented in physical
writing, hand signed by You and a duly appointed officer of Victors United.
10.5. Notices
We may notify you via postings on
https://victorsunited.com, and via e-mail or any other communications means to
contact information you provide to us. If you a user in the United States or
Japan, all notices given by you or required from you under these Terms of
Service or the Victors United Privacy Policy shall be in writing and addressed
to: Victors United, Care of Noodleware Software LLC
4 Beechwood Drive Lake Ariel, PA 18436.
Any notices that you provide without compliance with this
Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations
made under these Terms of Service to Victors United are of a unique and
irreplaceable nature, the loss of which shall irreparably harm Victors United
and which cannot be replaced by monetary damages alone so that Victors United
shall be entitled to injunctive or other equitable relief (without the
obligations of posting any bond or surety or proof of damages) in the event of
any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or
other equitable relief, or to enjoin or restrain the operation of the Service or
any Victors United game, exploitation of any advertising or other materials
issued in connection therewith, or exploitation of the Service or any content or
other material used or displayed through the Service and agree to limit your
claims to claims for monetary damages, limited by Section 7.2 (if any).
10.7. Force Majeure
Victors United shall not be liable for any delay or
failure to perform resulting from causes outside the reasonable control of
Victors United, including without limitation any failure to perform hereunder
due to unforeseen circumstances or cause beyond Victors United’s control such as
acts of God, war, terrorism, riots, embargoes, acts of civil or military
authorities, fire, floods, accidents, strikes, or shortages of transportation
facilities, fuel, energy, labor or materials.