Versyv, Inc. (“we”, “our” or “us”) operates the RiddleVerse platform, including the website (the “Site”) and mobile app (the “App”), that allows you to enter riddle-solving competitions, and offers certain other features, content, or contests from time to time (collectively, “Additional Features”) (the Site, App, and Additional Features shall hereinafter sometimes be collectively referred to as the “Platform”).
PLEASE NOTE THAT THE PLATFORM MAY ONLY BE ACCESSED BY RESIDENTS OF THE UNITED STATES. PAID PARTICIPATION IS PERMITTED ONLY TO RESIDENTS OF CERTAIN STATES AND ONLY WHILE PHYSICALLY PRESENT IN THOSE STATES. PLEASE REVIEW CAREFULLY OUR ELIGIBILITY RESTRICTIONS, WHICH ARE DESCRIBED BELOW IN SECTION XIII, “ELIGIBILITY.” PARTICIPATION IN VIOLATION OF THOSE RESTRICTIONS WILL RESULT IN FORFEITURE OF ENTRY FEES PAID AND INELIGIBILITY FOR RECEIPT OF ANY PRIZE.
In order to participate in certain features of the Platform, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable feature(s).
We may modify this Agreement from time to time and such modifications shall be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately.
I. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses due to such unauthorized use.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Platform. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
II. PURCHASES / PAYMENTS /REFUNDS
The Platform may allow you to purchase certain products or services. Anything made available for purchase will be on specified pages of the Site, within the App, or otherwise as indicated through the Platform. The price of any product or service purchased through the Platform will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.
In no event will we be liable for any defects or other problems associated with downloads or purchases through the Platform. We provide ABSOLUTELY NO REFUNDS on purchases.
III. ONLINE CONDUCT
You, as a user, agree to use the Platform only for lawful purposes. Specifically prohibited activities include, but are not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
3. attempting to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein;
4. using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Platform;
5. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).
6. interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
7. attempting to impersonate another user or person;
8. soliciting personal information from anyone under 18;
9. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
10. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
11. using any information obtained from the Platform in order to harass, abuse, or harm another person, whether a user or otherwise;
12. using the Platform in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;
13. sublicensing, renting, leasing, selling, trading, gifting, bequeathing or otherwise transferring your Account to anyone;
14. utilizing multiple accounts, manual procedures, scripts or other processes;
15. using the Platform in a commercial manner.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.
A. Proprietary Rights
With the exception of content posted by users of the Platform (“User Content”), all materials contained on the Platform, including all content, and the software, graphics, text and look and feel of the sites, and all trademarks (including RIDDLEVERSE and the RiddleVerse logo), copyrights, patents and other intellectual property rights related thereto (“Proprietary Materials”), are owned or controlled by Versyv, Inc. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Platform. You agree not to use the Platform for any other purpose.
B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Platform (e.g., through uploaded content, a chat or user forum, or comment posted through the Platform) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive.
Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Platform any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent.
By submitting content or materials (“Your Content”) to us through the Platform, including, without limitation, uploading any materials (including without limitation a profile photograph), choosing a username, or participation in any chats or forums, you automatically grant us, or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a contest or including you in leaderboards. You also hereby grant each user of the Platform a non-exclusive license to access Your Content through the Platform, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Platform and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Platform (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.
Subject to these grants, you retain any and all rights which may exist in Your Content.
We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Platform; (iii) to protect the rights or property of Versyv, Inc. and our officers, directors, employees and agents; or (iv) to protect any other user.
C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Platform and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Platform will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
D. Third-Party Content & User Content
You acknowledge that Versyv, Inc. is an online service provider that may post content supplied by third parties and users. We do not practice editorial control over the content posted by such third parties (including User Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of Versyv, Inc. or its affiliates, or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than Versyv Inc.
Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
VI. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any content, including User Submissions, or other materials, posted on the Platform constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: email@example.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VII. NON-COMMERCIAL USE
The Platform is for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Platform in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Platform, is prohibited.
VIII. ELECTRONIC COMMUNICATIONS
When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Platform may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site.
We reserve the right to disable links from or to third party sites.
XI. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF VERSYV INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE PLATFORM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VERSYV INC.’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE PLATFORM.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL VERSYV INC. BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID VERSYV INC. IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE PLATFORM AND TERMINATE YOUR ACCOUNT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any services or contests offered through the Platform nor shall any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.
All users must create an Account in order to participate in contests on the Platform. Contests can either be entered for monetary consideration (“Entry Fee”) to play for cash prizes (each a “Contest”), or without an Entry Fee and without prizes (each a “Free Game”). Except as otherwise provided herein, Free Games are open to Account holders who are at least thirteen (13) years old, and who are legal residents of the fifty (50) United States or the District of Columbia, and who are physically located in and using the Platform from one of the fifty (50) United States or the District of Columbia.
Contests are open only to Account holders who are at least eighteen (18) years of age (or the age of majority within your jurisdiction, whichever is older), and who are legal residents of one of the following jurisdictions: Alabama, Alaska, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Vermont, Washington, West Virginia, Wisconsin or Wyoming (the “Permitted States”). You must be physically located in a Permitted State when using the Platform to participate in a Pay Contest. Versyv, Inc. reserves the right to modify or amend the list of Permitted States at any time and from time to time in its sole discretion.
Contests are NOT open to Account holders who are legal residents of one of the following states: Arizona, Delaware, Louisiana, Maryland, Michigan or Tennessee (the “Restricted States”) or Account holders who are physically located in and using the Platform from a Restricted State. Versyv, Inc. reserves the right to modify or amend the list of Restricted States at any time and from time to time in its sole discretion.
By participating in a Contest or Free Game, as applicable, you represent that you are eligible to participate in that Contest or Free Game.
Except as otherwise provided herein, the following persons also are not eligible to participate in Contests: employees, managers, officers and directors of Versyv, Inc. or its affiliates, and (a) their family members residing in the same household, and (b) any person who shares the same residence with any of the foregoing persons for at least three (3) months of the year. Contests are void where prohibited by law.
XIV. APPLICABLE LAW; JURISDICTION
Subject to Section XIV below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the California courts and agree not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
XV. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, shall be determined by binding arbitration. The arbitration proceedings shall be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration shall occur in Los Angeles, California, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration shall be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event shall not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues shall be decided by the arbitrator. Post-hearing briefs shall be permitted. The arbitrator shall render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator shall have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of California or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, shall be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at firstname.lastname@example.org. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
XX. THIRD PARTY MARKETPLACES
XXI. AGE OF USERS
We do not intend the Platform to be used by minors under the age of 18. Furthermore, we do not market the Platform for use by minors under the age of 18. If we learn that a user under the age of 18 has registered for an Account, that user’s Account will be terminated.
Please contact us at email@example.com with any questions regarding this Agreement.