1. GENERAL: (A) This agreement establishes the terms and conditions that are applied to your usage of our services. Without limitations or restriction, by utilizing and accessing Vusu and its services, you hereby agree and comply with the terms and conditions set forth. Your right to use the services is personal to you and is not transferable to any other individual. You are responsible and liable for the protection of the confidential information regarding your password(s), if any, and withhold complete liability for the use of services by any other individual you permit to access the services. Contact Vusu of any unauthorized usage of your password, account, or any other breach of your security and information.
(B) At any time, Vusu may alter or suspend any feature or aspect of the services provided.
2. UPDATED TERMS: At any point in time, a modification or update on this agreement to terms and conditions can be published, including, but not limited to, adding fees and charges for usage of services. Such changes, deletions, or additions will be effective immediately upon notice thereof, which may be issued by methods such as a publication on the website, email, or any other means in which you receive the notice thereof. Usage of the services hereby enacts that you have acknowledged and understood the modifications and updates made to this agreement, and if you do not fully comply or accept these terms then your only alternative is to terminate this agreement and refrain from using our website and services.
3. EQUIPMENT: You are responsible for utilizing and obtaining all computer hardware, software, telecommunication, and other equipment necessary to access and use our services and all charges related.
4. ABOUT THE SERVICES: (A) As we strive to create the best experience to our users, we provide you with an array of online resources, various forms of communication and ways to connect with us through social media, online forums, ladders, leagues, seasons, tournaments, news and updates, personalized content and programming, and support to improve the competitive atmosphere you interact in. As of now, the services we provide are free to use. In the future, Vusu may charge for certain features that are exclusive or improve your overall experience. Vusu will not charge you for any of the services without notice or consent prior to using the purchased services.
(B) Limitations to Service: With constant effort to providing an optimal experience to users, the site is primarily accessible at any time. However, we may encounter technical difficulties that we cannot foresee which may result in loss data, personalized settings, and other interruptions to the service. Therefore, you comply to and agree that the services are provided on an “AS IS” and “AS AVAILABLE” basis. Vusu does not retain responsibility of deletion, failed deliveries, loss of time, or a failure to store user data or communications settings.
(C) Service Changes and Discontinuation: Vusu retains the right to modify or halt, permanently or temporarily, the services at any time without notice. You hereby agree that Vusu will not be held accountable by you or any third party for modification or discontinuance of the services.
(D) Throughout your usage of our services, you may (as a result of, or through the use of services) use a service or download software, or purchase product, which are provided to you by another individual or organization.
5. ELIGIBILITY: (A) Vusu, as well as the tools Vusu provides, features and Services, are intended only for access and utilization by individuals who are at least thirteen years of age and over. By accessing and utilizing the services, you represent and warrant that you are at least thirteen years of age, with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You must be a citizen or a resident of a country where skilled gaming is legal and must be physically located in a country in which participation in the Service you select, or the Site, is unrestricted by applicable laws.
(B) For U.S. residents, the laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by individual states, and not by the Federal Government. Currently, Vusu does not offer its Services to residents of the following states: Arizona, Iowa, Louisiana, Montana, Washington. Please note you are subject to the laws of the province, state or country in which you reside and from which you will access the Services and you are solely responsible for obeying all such laws. Vusu shall at no time be held liable for any laws applicable to you which may restrict or prohibit your participation.
(C) In order to play for cash and prizes on the Site, an individual must: be a natural person, at least 18 years old and over the age of majority in the jurisdiction in which the individual lives be a citizen or resident of a country ("Territory") where skilled gaming is legal (as applicable from state to state within a given Territory); be physically located in a Territory in which participation in the Service you select, or the Site, is unrestricted by applicable laws; and comply with these Terms and Conditions at any time
(D) All registered account holders may play free or non-prizing tournaments on the Site. Some tournaments may be exclusively available to Elite members only. Members from certain Territories may choose to fund their accounts and also play entry-fee or cash tournaments. Vusu is under no obligation to, and does not, accept funded accounts from members in all Territories and may at any time refuse to permit the funding of a member's account. Certain Vusu affiliates, sponsors and/or partners "Vusu Affiliates", may not be eligible to participate. Agents, employees, and directors are not eligible to participate. (E) Additional Information for Canadian Citizens and Residents: Vusu DOES NOT offer fee-based tournaments to residents of Quebec.
(F) Additional Information for U.S. Citizens and Residents: The laws governing contests, tournaments and skilled gaming with entry fees and/or prizes are established by each individual state, not by the federal government. As such, Vusu CANNOT, and therefore DOES NOT, offer fee-based tournaments to residents of the following states: Arizona, Iowa, Louisiana, Montana, Washington. VOID WHERE PROHIBITED OR RESTRICTED BY LAW: If you create an account and/or participate in any tournament/event or game offered on the site while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these terms and conditions, and subject to having your account suspended or terminated and all winnings (if any) voided.
6. YOUR CONDUCT: (A) You shall provide true, accurate, current and completeinformation about yourself as requested in the Website’s registration forms. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update your registration data to keep it current and accurate. (B) You shall use the Services for non-commercial, lawful purposes only. Any other use, or commercial use, of the Services requires the prior written approval of Vusu.
(C) You shall not post or transmit through the Services anything that contains content that:
7. GENERAL TERMS OF PURCHASE: The terms in this section relate to items and services available for purchase through the Services: (A) The goods sold through the Services are shipped from various states and, therefore, tax may be charged and collected on all taxable shipments. For all shipments outside of the United States, the customer is responsible for all taxes, customs, and/or import duties. All items purchased from Vusu are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Listed prices may be changed by Vusu at any time without notice to you. The prices listed on the Services do not guarantee those purchase prices until payment is made. If an incorrect price for a product is listed due to typographical or other error, Vusu has the right to refuse or cancel any orders placed for such products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by Vusu, Vusu will promptly issue a credit to your credit card account in the amount of the charge. (B) Vusu Credits: Vusu Online Credits allow you access to a number of Vusu Services, including paid ladders and online tournaments. You will not be able to redeem Vusu Online Credits if you have insufficient Vusu Online Credits for certain Vusu Services. Any items received as a result of a redemption of Vusu Online Credits may not be exchanged or returned for cash or credit. Vusu Online Credits are not refundable under any circumstances, including in the event that your account is terminated or banned by Vusu. You may not assign or transfer any Vusu Online Credits.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY: (A) USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER Vusu, Vusu’S AFFILIATED COMPANIES, Vusu’S NON-AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “Vusu PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF SUCH MATERIAL.
(B) Vusu PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Vusu IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL Vusu, THE Vusu PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THE SERVICES; (II) ANY CHANGES WHICH Vusu MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE Vusu WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS OF THE SERVICES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER Vusu, NOR THE Vusu PARTIES, WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE Vusu PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, AND ANY AGGREGATE, TOTAL LIABILITY OF THE Vusu PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES AND RETAINED BY Vusu OR (II) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Vusu’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. ARBITRATION: Any controversy, claim or dispute arising out of or relating to this Agreement, its breach or claimed breach shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Rules including Emergency Interim Relief Procedure in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate Vusu’s intellectual property or confidentiality rights, Vusu may seek injunctive, monetary or other appropriate relief in any state or federal court in the state of Texas (and Vusu may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant Vusu its reasonable fees and costs (including reasonable attorney’s fees) incurred by Vusu in any action to enforce these Terms of Service.
10. ADVERTISEMENTS: Some of the Services provided by Vusu are supported by advertising revenue and may display advertisements and promotions. In consideration for Vusu granting you access to and use of the Services, you agree that Vusu may place advertising on the Services. You further agree that the manner, mode and extent of advertising by Vusu on the Services are subject to change without specific notice to you.
11. INDEMNIFICATION: You agree to defend, indemnify and hold harmless Vusu and the Vusu Parties from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of this Agreement or your negligent and wrongful conduct; (ii) your use and access of the Services , including the posting of any content on this Website by you; and (iii) a violation by you of any applicable law.
12. TERMINATION: You may unsubscribe at any time by sending an unsubscribe request to us at [email protected] and we will process your request within a reasonable time after receipt. Without limiting the foregoing, Vusu shall have the right to immediately terminate any of your passwords or accounts if:
(A) you have breached any provision of the Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement); or
(B) Vusu is required to do so by law; or
(C) the partner with whom Vusu offered the Services to you has terminated its relationship with Vusu or ceased to offer the Services to you; or
(D) Vusu is transitioning to no longer providing the Services to users in the country in which you are a resident or from which you use the Services.
Sections 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 16, 17 and this Section 11 will survive termination of this Agreement.
13. INTELLECTUAL PROPERTY: Vusu and the Vusu logos are the exclusive property of Vusu. All rights reserved. All other trademarks appearing on the Services are the property of Vusu, affiliates of Vusu, or their respective owners. Unless you have agreed otherwise in writing with Vusu, you agree that nothing in this Agreement gives you a right to use any of Vusu’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You further agree that you shall not use any trademark, service mark, trade name, logo of any other company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
14. THIRD PARTY CONTENT: Vusu is a distributor (and not a publisher) of content supplied by third parties and users of the Services. Accordingly, Vusu has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Services , are those of the respective author(s) or distributor(s) and not of Vusu. Neither Vusu nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the services represents the opinions and judgments of the respective information provider or users not under contract with Vusu. Vusu neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the services. Under no circumstances will Vusu be liable for any loss or damage caused by your reliance on information obtained through the services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
15. OTHER CONTENT: The services may include hyperlinks to other websites or content or resources. Vusu has no control over websites or resources that are provided by companies or persons other than Vusu. You agree that Vusu is not responsible for the availability of any such external websites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You agree that Vusu is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
16. MISCELLANEOUS: This Agreement (which hereby incorporates by reference any other provisions applicable to use of the services , including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Website and any operating rules for the services established by Vusu) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Notwithstanding this, you agree that Vusu may still apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure by Vusu to partially or fully exercise any rights or the waiver of any breach of this Agreement by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by Vusu of any subsequent breach by you of the same or any other term of this Agreement. Vusu’s rights and remedies under this Agreement shall be cumulative, and the exercise of any such right or remedy shall not limit Vusu’s right to exercise any other right or remedy. The section headings used herein are for convenience only and shall not be given any legal import.
18. DMCA NOTICE: Vusu owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Services by third parties not within the control of Vusu. It is our policy not to permit materials known by us to be infringing to remain on this Site and to terminate relationships regarding content with third parties repeatedly infringing the copyrights of others.
19. OTHER RIGHTS: Vusu reserves the right to restrict or eliminate access to its services at any time in the event that the user breaks any posted rules, regulations, or terms of services at any time. In the event of being barred access from services Vusu reserves the right to freeze any assets on the user's account until that user's ban has been lifted.
You should notify us promptly if you believe any materials on the Services infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (“DMCA”), Vusu will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), Vusu has designated the SVP, Business Affairs and General Counsel of Vusu. Inc. as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Services.
If you have any questions or concerns regarding this agreement, we encourage you to contact us through the website or email us at [email protected]
Last updated and effective: November 1, 2019
© 2019 Vusu