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TERMS OF USE FOR THE VERSE SURF GAME
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Game and the use of our Game. Nothing in this disclaimer will:
- limit or exclude the User’s liability for misinterpretation of the information presented on the Game; - limit any of the User’s liabilities in any way that is not permitted under applicable law;
Our content is in compliance with the Children's Online Privacy Protection Act (COPPA) and will never be directed at children under 13 years of age.
By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms of Use, or that you are over 13 years of age and your parent(s) or legal guardian has read and agreed to these Terms of Use, and you understand and agree that we are relying upon that representation in allowing you to use the Service. Only one person may use an Account.
By using the platform and creating an Account, you acknowledge, understand and agree that Verse Surf may collect anonymous data through Google Analytics™ or similar services and may record IP addresses, domain names, geographical information, Gameplay statistics and scores, user ranks, and computer-related technical information for use in anonymous statistical analysis. Please see the Privacy Policy for more detail on the use and distribution of personal information collected throughout the platform.
You undertake to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID. Verse Surf will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, Verse Surf may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service.
Verse Surf is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold Verse Surf harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and Verse Surf is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify Verse Surf of any unauthorized use of your Account or any other breach of security in relation to the platform, the Use/Service or the Game known to you by submitting a ticket to Support. Verse Surf provides you with the choice to change your password in order to safeguard your Account.
The Account you create is personal to you and Verse Surf does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Verse Surf) may result in suspension or termination of your Account.
Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the platform administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by e-mail before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, Verse Surf reserves the right to discontinue the Use/Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
You may terminate your Account at any time, for any reason or no reason, by submitting a ticket to Verse Surf Support.
By way of example, and not as a limitation, you do not (and should not allow third parties to) (a) undertake any action or (b) upload, download, post, post or otherwise distribute or facilitate distribution any Content on or through the Service, including without limitation any User Contribution that:
- violates any patent, trademark, commercial secret, copyright, advertising right or other rights of any other person or entity or violates any law or contractual obligation; - whether it is false, misleading, or inaccurate; - is illegal, minatory, abusive, harassing, defamatory, slanderous, deceptive, fraudulent, invasive of the privacy of others, objectionable, obscene, vulgar, pornographic, offensive, blasphemous, contains or depicts nude scenes, contains or depicts sexual activity, promotes fanaticism, discrimination or violence, or is inappropriate as determined by Verse Surf in its sole discretion; - repairs to unauthorized or unpublished advertising, unwanted or bulk email ("spamming"); - a different use of an add-on add-on, includes commercial (with or without profit) and / or sales activities without the prior written consent of Verse Surf such as competitions, lotteries, barracks, advertising or pyramid schemes; - contain viruses or other computer codes, files, worms, bombs or programs that are designed or intended to destroy, eliminate, damage, restrict or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain, unauthorized access to any system, data, password or other information from Verse Surf or third parties; - violates the Privacy Policy or any of the other policies and policies incorporated herein.
Verse Surf reserves the right to access, read, retain and disclose any information that Verse Surf feels reasonably necessary to (i) comply with any law, regulation, legal process or government request, (ii) apply these Terms of Use, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to requests for user assistance, or (v) protect rights, property, or property Verse Surf's security, its users, and the public.
Restrictions
You must not:
- Create an account for anyone except for himself; - Use a user ID that is the name of another person with the intention of impersonating that person; - Use a Verse Surf user ID or account that is subject to any rights of a person without proper authorization; or - Use a user ID that is offensive, vulgar or obscene or otherwise illegal.
You agree, wherever and whenever applicable, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Game or platform any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; - User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, - User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content - Unsolicited promotions, political campaigning, advertising or solicitations; - Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; - Viruses, corrupted data or other harmful, disruptive or destructive files; and - User Content that violates the General Conduct or that, in the sole judgment of Verse Surf, is objectionable or which restricts or inhibits any other person from using or enjoying the Game or the platform, or which may expose Verse Surf or its users to any harm or liability of any type.
Additionally, You will not (directly or indirectly):
- Undertake any action that imposes (as determined by Verse Surf in its sole discretion) an unreasonable or disproportionate load on Verse Surf (or third party) infrastructure; - Interfering or attempting to interfere with the proper functioning of the Service or any activity performed on the Service; - correct the measures that Verse Surf may use to prevent or restrict access to the Service (or other accounts, computers or networks connected to the Service); - Perform any form of automatic responder or "spam" on the Service; - Use manual or automated software, devices, or other processes to explore any page on the Site with "crawl" or "spider" methods; - Acquire or capture any Content of the Service; - Modify, adopt, appropriate, reproduce, distribute, translate, create derivative works or adaptations, republish, sell, sell, or in any way exploit the Service or Site Content (except User Contributions), except as authorized by Verse Surf; - Decipher, decompile, disassemble, reverse engineer or otherwise attempt to extract any source code or basic ideas or algorithms of any part of the Service (including, without limitation, any Game or widget), except to the extent limited to applicable laws in particular prohibit such limitation; - Copy, rent, distribute or otherwise transfer the rights you receive in connection with the present;
Verse Surf reserves the right to refuse any registration or to delete a username at its sole discretion. You are solely liable and punishable for activities occurring on your account and will be responsible for maintaining the privacy of your Verse Surf password.
By using a mobile device, please be aware that charges such as text messages and data charges will still apply.
Verse Surf Content
Given followings conditions of use, Verse Surf grants to each user of the Game and / or Service a worldwide, non-exclusive, non-transferable and non-transferable license to use the Content for personal and non-commercial use only. The use, playback, modification, distribution or storage of any Content for non-personal and non-commercial use is expressly prohibited without prior written permission from Verse Surf or by the copyright owner identified in the copyright notice of that content, as applicable. You may not sell, license, rent or otherwise use or exploit any Content for commercial purposes (with or without profit) or in any manner that infringes third party rights.
User Content
Certain aspects of the Service may allow you to obtain points, data or other fictional property representing virtual achievements (“Virtual Property”). Virtual Property have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Property remaining in your account at the time your account is closed, whether such closure was voluntary or not. You understand and agree that regardless of the terminology used, the purchase or acquisition of Virtual Property amounts to a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion and does not transfer ownership of that Virtual Property to you. You acknowledge that you do not own the Account you use to access the Service, nor do you possess any rights of access or rights to data stored by us or on our behalf on any servers, including but not limited to, any data representing or embodying any or all of your Virtual Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Virtual Property as we see fit in our sole discretion. All data on ours or our business partners’ servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such Virtual Property or data by you or any third party, you understand and agree that any virtual property, data, account history and account content residing on our servers may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind.
Recess
Fees and subscriptions. Verse Surf may charge certain fees or subscriptions in order for you to access and acquire certain game passes or participate in Game activities on the platform and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ANY UNUSED PAYMENTS ARE NON-REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You agree that you will provide accurate and complete payment information to the third-party payment provider used by Verse Surf for purchasing game passes, subscriptions or other fee-based activities on the platform or in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Verse Surf may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Verse Surf may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the platform or in the Game. If there is a dispute regarding payment of fees to Verse Surf, your Account may be closed without warning or notice at the sole discretion of Verse Surf.
Subscriptions purchased through third-party services. If you purchase a subscription through a third-party site, the applicable third-party site’s payment and cancellation terms will be applicable to your subscription and we encourage you to review these terms prior to purchasing the subscription.
No refunds. You may cancel your user account with us at any time; however, there are no refunds for cancellation. As permitted under the terms of this agreement, we have the right at any time for any reason or no reason to suspend or terminate your account, terminate this agreement and/or refuse any and all current or future use of the service without notice, refund, obligation or liability to you. In the event that we suspend or terminate your account or this agreement, you understand and agree that you shall receive no refund or exchange from us. We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any acquisition 90 days after the purchase date for any reason ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier.
IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VERSE SURF, ITS ADMINISTRATORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MUST BE LIABLE FOR ANY CONTRACT, LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL IMPLIED WARRANTIES OR REASONABLE OR OTHERWISE AS REGARDS THE PLATFORM, THE GAME AND THE SERVICE.
Interruption of Use/Service
Verse Surf reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Verse Surf will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
You acknowledge that the Use/Service may be interrupted for reasons beyond the control of Verse Surf, and Verse Surf cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Verse Surf shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
Verse Surf has the right at any time to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
Verse Surf is not be obligated to refund all or any payment or any portion of fees and/or subscription (if any), by reason of any interruption of the Use/Service, in any of the circumstances described.
Suspension and Termination
We reserve the right without liability to suspend, terminate, restrict or block access to the Game or to your Account, or your access to or use of the Service or platform, with or without notice, for any reason, including but not limited to, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the Service or platform. All decisions regarding the termination of this Agreement or your Account shall be made by us in our discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of this Agreement or your Account.
Verse Surf may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. Verse Surf retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. Verse Surf considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of Verse Surf. Notwithstanding the foregoing, Verse Surf always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you herby acknowledge that Verse Surf has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact Verse Surf with a full detailed explanation at verse.surf@shopsoft.org
You have the right to terminate or cancel your Account at any time by delivering notice to Verse Surf. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Verse Surf's enforcement or Game of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the platform; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before Verse Surf may allow you to register again.
Copyrights, Trademarks and Proprietary Rights
Verse Surf and certain related names and logos are registered or unregistered trademarks, service marks and/or trade names of Verse Surf. These and all other trademarks, service marks and trade names used in or in connection with the Software (the “Marks”) are proprietary rights owned by Verse Surf or its licensors.
All rights and title in and to the Software, the Game, the Service, the Site, your Account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, storylines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Verse Surf or its licensors. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. The Software and the Game and all content therein are protected by the European Union, the United States and other international intellectual property laws. Verse Surf and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works there from, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Verse Surf. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Verse Surf.
DMCA Notification
We may, in our sole discretion, remove any Content that appears to infringe on the intellectual property rights of others or that is violation of this Agreement. It is our policy to respond to and investigate claims of copyright and other intellectual property infringement. We have a policy of terminating access to the Service by users who are repeat infringers.
You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must provide:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; - identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works; - a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address; - your address, telephone number and email address; - a statement by you that you have 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; and - a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
The notice described above should be sent our designated copyright agent at verse.surf@shopsoft.org. If you fail to comply with all of the requirements described above, your DMCA notice may not be valid.
If you believe that any Content or material that was removed (or to which access was disabled) is not infringing, or you have the right to post and use such Content or material from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, you must send a counter notice containing the following information to our designated copyright agent at verse.surf@shopsoft.org:
- a physical or electronic signature of you or the person authorized to act on behalf of the owner of the exclusive right that is alleged to have been infringed; - identification of the copyrighted work that has been removed or blocked or to which access has been disabled; - the location at which the allegedly infringing material appeared before it was removed or disabled, including a URL address; - your address, telephone number and email address; - a statement by you that you have a good faith belief that the material removed or disabled was the result of a mistake or misidentification of the material; and - a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
If a counter-notice is received by our designated copyright agent at the address above, we may send a notice to the complaining party that the removed material will be restored or we will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored within ten (10) to fourteen (14) business days or more after receipt of the counter notice, at our discretion.
Consent to Monitor
When running the Software, Verse Surf may monitor your use and play of the Software and collect data regarding your use and play of the software in accordance with Verse Surf’s Privacy Policy found at https://verse.surf/privacy. In addition, the software may monitor your computer’s Random-Access Memory (RAM) for unauthorized third-party programs running concurrently with the Software. An “Unauthorized Third-Party Program” as used herein shall be defined as any third-party software that is prohibited. In the event that the Software detects an Unauthorized Third-Party Program, the Software may communicate information back to Verse Surf, including without limitation, your Account name, details about the Unauthorized Third-Party Program detected and the time and date; and Verse Surf may exercise any or all of its rights under this agreement, with or without prior notice to you, including without limitation, termination of this agreement and your right to continue use of the Software.
Patches and Updates
Verse Surf may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Verse Surf may update the Game remotely, without your knowledge, and you hereby grant to Verse Surf your consent to deploy and apply such patches, updates and modifications.
Duration of Online Services
The Software is an online game that must be played over the Internet through the Service as provided by Verse Surf. You understand and agree that the Service is provided by Verse Surf at its discretion and may be terminated or otherwise discontinued by Verse Surf at any time for any reason or no reason.
Force majeure
If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties’ control, both parties’ obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement.
In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents Verse Surf from fulfilling the User’s instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. Verse Surf is not in any way responsible for any such or other force majeure circumstance.
- THIS DOCUMENT REPRESENTS A LEGAL CLAUSE LINKING THE USER AND THE USE OF VERSE SURF APPLICATION. WE INVITE TO READ THESE TERMS OF USE BEFORE USING THE SERVICES OFFERED BY SHOPSOFT S.R.L. (HEREINAFTER "VERSE SURF"). THESE TERMS OF USE CONSTITUTE THE LEGISLATIVE CONDITIONS OF USE AND CONDITIONS FOR USE BY USER SERVICES, FUNCTIONALITY AND CONTENT USED BY THE APP VERSE SURF (hereinafter "Service", "Game" or " VERSE SURF ") DOWNLOAD AND USED ON WINDOWS LINUX AND MAC DEVICES.
- Terms Acceptance of Use.
- By subscribing and / or using the Service in any way, including, but not limited to, the Game/platform visit or navigation, you agree to all the terms and conditions contained in this document ("Terms of Use") and the Privacy Policy of Verse Surf. Each Policy may be updated by Verse Surf from time to time without written or verbal notice, so please review these texts regularly in order to potentially understand any changes. In addition, some services offered through the Service may be subject to additional terms and conditions indicated by Verse Surf, use of such services is subject to additional terms and conditions, which are included under these terms of use as a reference. These Terms of Use apply to all users of the Service.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Game and the use of our Game. Nothing in this disclaimer will:
- limit or exclude the User’s liability for misinterpretation of the information presented on the Game; - limit any of the User’s liabilities in any way that is not permitted under applicable law;
Our content is in compliance with the Children's Online Privacy Protection Act (COPPA) and will never be directed at children under 13 years of age.
- Service Description and Access.
- Verse Surf provides a free-to-play, single-player online game and related features, functions and services available through the Game and/or platform to its registered users. To access the game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that Verse Surf is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Verse Surf does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
- Registration and admissibility.
By creating an Account or otherwise using the Service, you represent that you are at least age 18 and agree to these Terms of Use, or that you are over 13 years of age and your parent(s) or legal guardian has read and agreed to these Terms of Use, and you understand and agree that we are relying upon that representation in allowing you to use the Service. Only one person may use an Account.
By using the platform and creating an Account, you acknowledge, understand and agree that Verse Surf may collect anonymous data through Google Analytics™ or similar services and may record IP addresses, domain names, geographical information, Gameplay statistics and scores, user ranks, and computer-related technical information for use in anonymous statistical analysis. Please see the Privacy Policy for more detail on the use and distribution of personal information collected throughout the platform.
You undertake to (i) provide true, accurate, current and complete information as requested in the required fields (the "Account Information") and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID. Verse Surf will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, Verse Surf may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service.
Verse Surf is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold Verse Surf harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and Verse Surf is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify Verse Surf of any unauthorized use of your Account or any other breach of security in relation to the platform, the Use/Service or the Game known to you by submitting a ticket to Support. Verse Surf provides you with the choice to change your password in order to safeguard your Account.
The Account you create is personal to you and Verse Surf does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Verse Surf) may result in suspension or termination of your Account.
Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the platform administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by e-mail before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, Verse Surf reserves the right to discontinue the Use/Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
You may terminate your Account at any time, for any reason or no reason, by submitting a ticket to Verse Surf Support.
- General Conduct
By way of example, and not as a limitation, you do not (and should not allow third parties to) (a) undertake any action or (b) upload, download, post, post or otherwise distribute or facilitate distribution any Content on or through the Service, including without limitation any User Contribution that:
- violates any patent, trademark, commercial secret, copyright, advertising right or other rights of any other person or entity or violates any law or contractual obligation; - whether it is false, misleading, or inaccurate; - is illegal, minatory, abusive, harassing, defamatory, slanderous, deceptive, fraudulent, invasive of the privacy of others, objectionable, obscene, vulgar, pornographic, offensive, blasphemous, contains or depicts nude scenes, contains or depicts sexual activity, promotes fanaticism, discrimination or violence, or is inappropriate as determined by Verse Surf in its sole discretion; - repairs to unauthorized or unpublished advertising, unwanted or bulk email ("spamming"); - a different use of an add-on add-on, includes commercial (with or without profit) and / or sales activities without the prior written consent of Verse Surf such as competitions, lotteries, barracks, advertising or pyramid schemes; - contain viruses or other computer codes, files, worms, bombs or programs that are designed or intended to destroy, eliminate, damage, restrict or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain, unauthorized access to any system, data, password or other information from Verse Surf or third parties; - violates the Privacy Policy or any of the other policies and policies incorporated herein.
Verse Surf reserves the right to access, read, retain and disclose any information that Verse Surf feels reasonably necessary to (i) comply with any law, regulation, legal process or government request, (ii) apply these Terms of Use, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to requests for user assistance, or (v) protect rights, property, or property Verse Surf's security, its users, and the public.
Restrictions
You must not:
- Create an account for anyone except for himself; - Use a user ID that is the name of another person with the intention of impersonating that person; - Use a Verse Surf user ID or account that is subject to any rights of a person without proper authorization; or - Use a user ID that is offensive, vulgar or obscene or otherwise illegal.
You agree, wherever and whenever applicable, not to post, upload to, transmit, distribute, store, create or otherwise publish through the Game or platform any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; - User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, - User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content - Unsolicited promotions, political campaigning, advertising or solicitations; - Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers; - Viruses, corrupted data or other harmful, disruptive or destructive files; and - User Content that violates the General Conduct or that, in the sole judgment of Verse Surf, is objectionable or which restricts or inhibits any other person from using or enjoying the Game or the platform, or which may expose Verse Surf or its users to any harm or liability of any type.
Additionally, You will not (directly or indirectly):
- Undertake any action that imposes (as determined by Verse Surf in its sole discretion) an unreasonable or disproportionate load on Verse Surf (or third party) infrastructure; - Interfering or attempting to interfere with the proper functioning of the Service or any activity performed on the Service; - correct the measures that Verse Surf may use to prevent or restrict access to the Service (or other accounts, computers or networks connected to the Service); - Perform any form of automatic responder or "spam" on the Service; - Use manual or automated software, devices, or other processes to explore any page on the Site with "crawl" or "spider" methods; - Acquire or capture any Content of the Service; - Modify, adopt, appropriate, reproduce, distribute, translate, create derivative works or adaptations, republish, sell, sell, or in any way exploit the Service or Site Content (except User Contributions), except as authorized by Verse Surf; - Decipher, decompile, disassemble, reverse engineer or otherwise attempt to extract any source code or basic ideas or algorithms of any part of the Service (including, without limitation, any Game or widget), except to the extent limited to applicable laws in particular prohibit such limitation; - Copy, rent, distribute or otherwise transfer the rights you receive in connection with the present;
Verse Surf reserves the right to refuse any registration or to delete a username at its sole discretion. You are solely liable and punishable for activities occurring on your account and will be responsible for maintaining the privacy of your Verse Surf password.
By using a mobile device, please be aware that charges such as text messages and data charges will still apply.
Verse Surf Content
- You acknowledge that all Content accessible by using the Service is at your own risk. For the purpose of these Terms of Use, the term "Content" includes, audio clip, text message, sound, any position information, comment, information, data, photography, graphics and interactive features generated, provided, or otherwise made available by Verse Surf on or through the Service.
- You acknowledge and agree that by accessing or using the Service, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent, objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Service. In addition, certain content and materials available on or through the Service are inappropriate for viewing or listening by minors or by persons who do not wish to be exposed to sexually explicit or mature material. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material that is sexually explicit or harmful to minors. You fully assume all risk of loss and risk of personal harm arising out of your use of the service, including but not limited to, any online or offline communications and personal interactions with other users or member of the service. It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the service.
Given followings conditions of use, Verse Surf grants to each user of the Game and / or Service a worldwide, non-exclusive, non-transferable and non-transferable license to use the Content for personal and non-commercial use only. The use, playback, modification, distribution or storage of any Content for non-personal and non-commercial use is expressly prohibited without prior written permission from Verse Surf or by the copyright owner identified in the copyright notice of that content, as applicable. You may not sell, license, rent or otherwise use or exploit any Content for commercial purposes (with or without profit) or in any manner that infringes third party rights.
User Content
- Some areas of the Service may allow you and other users to post content, (“User Content”). Generally, the information submitted relates strictly to the answers given to the Game, but it may also consist of comments, questions, and other information. You acknowledge and agree that your communications with other users or members via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the Service or Game are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications (“Personal Content”, together with User Content being the “Content”). You are solely responsible for the Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on or through the Service. You understand and agree that all Content publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such content originated and that we will not be liable for any errors or omissions in any such Content. You further understand and agree that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Service or the data that any such user may provide about themselves.
- You represent and warrant, whenever and wherever applicable, that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use or the Code of Conduct and will not violate any rights of or cause injury to any person or entity. You shall be solely liable for all royalties, fees, damages and any other monies resulting from any infringement of such right or any other harm resulting from any User Content you provide.
- Third-party links and services
- The Service may contain and connect the user to other sites, services or resources on the Internet, and vice versa other sites, services or resources may contain links to the Game and/or platform. When accessing third-party sites, you perform it at your own risk and risk. These other sites are not under the control of Verse Surf and you acknowledge that Verse Surf is not responsible for the content, functions, accuracy, legality, adequacy or any other aspect of such sites or resources. The inclusion of any link does not imply any recognition by Verse Surf or any form of association or endorsement with the third parties. You agree and understand that Verse Surf will not be liable, directly or indirectly, for any damages or losses caused or allegedly caused by, or in connection with, the use or availability of such content, goods or services available on or through any site web or resource.
Certain aspects of the Service may allow you to obtain points, data or other fictional property representing virtual achievements (“Virtual Property”). Virtual Property have no real-world value and cannot be redeemed for actual currency, goods or other items of monetary value, including in the event that you have unused Virtual Property remaining in your account at the time your account is closed, whether such closure was voluntary or not. You understand and agree that regardless of the terminology used, the purchase or acquisition of Virtual Property amounts to a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion and does not transfer ownership of that Virtual Property to you. You acknowledge that you do not own the Account you use to access the Service, nor do you possess any rights of access or rights to data stored by us or on our behalf on any servers, including but not limited to, any data representing or embodying any or all of your Virtual Property. You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate Virtual Property as we see fit in our sole discretion. All data on ours or our business partners’ servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such Virtual Property or data by you or any third party, you understand and agree that any virtual property, data, account history and account content residing on our servers may be deleted, altered, moved or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind.
Recess
- Verse Surf may at any time suspend access to the entire Service or any part thereof and / or link to "Add to", with or without reason, with or without notice, with immediate effect, with the consequential loss and destruction of all information associated with the enrollment. If you want to suspend your account, please follow the instructions on the Site. All paid rates are non-refundable.
Fees and subscriptions. Verse Surf may charge certain fees or subscriptions in order for you to access and acquire certain game passes or participate in Game activities on the platform and may allow the purchase of in-game “currency” that may be applied to the purchase of in-game items or activities.
ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ANY UNUSED PAYMENTS ARE NON-REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You agree that you will provide accurate and complete payment information to the third-party payment provider used by Verse Surf for purchasing game passes, subscriptions or other fee-based activities on the platform or in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Verse Surf may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Verse Surf may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the platform or in the Game. If there is a dispute regarding payment of fees to Verse Surf, your Account may be closed without warning or notice at the sole discretion of Verse Surf.
Subscriptions purchased through third-party services. If you purchase a subscription through a third-party site, the applicable third-party site’s payment and cancellation terms will be applicable to your subscription and we encourage you to review these terms prior to purchasing the subscription.
No refunds. You may cancel your user account with us at any time; however, there are no refunds for cancellation. As permitted under the terms of this agreement, we have the right at any time for any reason or no reason to suspend or terminate your account, terminate this agreement and/or refuse any and all current or future use of the service without notice, refund, obligation or liability to you. In the event that we suspend or terminate your account or this agreement, you understand and agree that you shall receive no refund or exchange from us. We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase, or any acquisition 90 days after the purchase date for any reason ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier.
- Guarantee Exclusion
- Except as provided by law, Verse Surf has no special relationship or duty versus you. You acknowledge that Verse Surf has no control or duty to take any action as to: which users access the Service; which content is accessed through the Service; the effects that the content may have on the user and how you can interpret or use the content or what actions you can take as a result of being exposed to the Content.
- The user frees Verse Surf from any responsibility for their connections and relationships with other users. The user is aware that we do not examine users, in any way, nor investigate the origin of users or try to verify their origin or statements. We make no representations or warranties regarding the behavior of users or the truthfulness of any information that users provide. Under no circumstances we may be held liable for any direct, indirect, special, special, compensation, consequential and / or accidental damages arising out of or relating to the conduct of the User or anyone else in relation to the Services, including, without limitation, physical harm, emotional stress, and damage resulting in any form of communication or encounter with users or people who might otherwise encounter through the Services. As such, we are committed to taking reasonable precautions and exercising the utmost care in all interactions with every individual you contact through the Services, especially if you decide to personally meet these people. For example, you should not in any case provide financial information (such as credit card or bank account number) to other individuals.
- THE PLATFORM, THE GAME, THE SERVICE, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING EXEMPLARY WARRANTIES OF IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH EXPRESSLY DISCLAIMS ALL LIABILITY, EXCEPT AS REQUIRED BY LAW.
- VERSE SURF, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE IS SAFE OR AVAILABLE AT ANY TIME OR PARTICULAR PLACE; (B) EVENT DAMAGES OR ERRORS WILL BE CORRECTED; (C) CONTENT OR AVAILABLE SOFTWARE VIA THE VIRUS OR OTHER DAMAGED COMPONENTS; O (D) RESULTS ARISING OUT OF THE USE OF THE SERVICE ARE CORRESPONDING TO EXPECTATIONS. USE OF THE WEB SITE, SERVICES, CONTENT AND APP ARE EXCLUSIVELY FOR OWN RISK. SOME COUNTRIES / COUNTRIES DO NOT ALLOW GUARANTEE LIMITATIONS, BUT THE RESTRICTIONS WHICH MAY OTHERS MAY NOT APPLY.
- Indemnity.
- You agree to defend, indemnify and hold Verse Surf, its affiliates and any of its affiliated employees, contractors, directors, suppliers, and representatives of all losses, costs, actions, claims, damages, expenses (including reasonable expenses legal consequences) or liabilities arising out of or in connection with the use or misuse or access to the Site, Services, Content, Add-ons or any User Contributions, violations of these Terms of Use or non-compliance by the User, or any third party using your account, any intellectual property or other right of any person or entity (unless a court of competent jurisdiction considers that such request arises because of an act or omission of Verse Surf). Verse Surf reserves the right to take exclusive defense and control any matter otherwise subject to compensation by the user, in which case the user will have to assist and collaborate with Verse Surf in claiming any possible defense.
- Limitation of Liability.
IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VERSE SURF, ITS ADMINISTRATORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MUST BE LIABLE FOR ANY CONTRACT, LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL IMPLIED WARRANTIES OR REASONABLE OR OTHERWISE AS REGARDS THE PLATFORM, THE GAME AND THE SERVICE.
Interruption of Use/Service
Verse Surf reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Verse Surf will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
You acknowledge that the Use/Service may be interrupted for reasons beyond the control of Verse Surf, and Verse Surf cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Verse Surf shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
Verse Surf has the right at any time to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
Verse Surf is not be obligated to refund all or any payment or any portion of fees and/or subscription (if any), by reason of any interruption of the Use/Service, in any of the circumstances described.
Suspension and Termination
We reserve the right without liability to suspend, terminate, restrict or block access to the Game or to your Account, or your access to or use of the Service or platform, with or without notice, for any reason, including but not limited to, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that we shall not be liable to you or any third-party for any interference with or termination of your access to the Service or platform. All decisions regarding the termination of this Agreement or your Account shall be made by us in our discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of this Agreement or your Account.
Verse Surf may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. Verse Surf retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. Verse Surf considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of Verse Surf. Notwithstanding the foregoing, Verse Surf always retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you herby acknowledge that Verse Surf has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact Verse Surf with a full detailed explanation at verse.surf@shopsoft.org
You have the right to terminate or cancel your Account at any time by delivering notice to Verse Surf. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Verse Surf's enforcement or Game of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the platform; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before Verse Surf may allow you to register again.
Copyrights, Trademarks and Proprietary Rights
Verse Surf and certain related names and logos are registered or unregistered trademarks, service marks and/or trade names of Verse Surf. These and all other trademarks, service marks and trade names used in or in connection with the Software (the “Marks”) are proprietary rights owned by Verse Surf or its licensors.
All rights and title in and to the Software, the Game, the Service, the Site, your Account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, storylines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Verse Surf or its licensors. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. The Software and the Game and all content therein are protected by the European Union, the United States and other international intellectual property laws. Verse Surf and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works there from, and you agree that you will not create any work of authorship based on the Game except as expressly permitted by Verse Surf. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Verse Surf.
DMCA Notification
We may, in our sole discretion, remove any Content that appears to infringe on the intellectual property rights of others or that is violation of this Agreement. It is our policy to respond to and investigate claims of copyright and other intellectual property infringement. We have a policy of terminating access to the Service by users who are repeat infringers.
You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must provide:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; - identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works; - a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address; - your address, telephone number and email address; - a statement by you that you have 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; and - a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
The notice described above should be sent our designated copyright agent at verse.surf@shopsoft.org. If you fail to comply with all of the requirements described above, your DMCA notice may not be valid.
If you believe that any Content or material that was removed (or to which access was disabled) is not infringing, or you have the right to post and use such Content or material from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, you must send a counter notice containing the following information to our designated copyright agent at verse.surf@shopsoft.org:
- a physical or electronic signature of you or the person authorized to act on behalf of the owner of the exclusive right that is alleged to have been infringed; - identification of the copyrighted work that has been removed or blocked or to which access has been disabled; - the location at which the allegedly infringing material appeared before it was removed or disabled, including a URL address; - your address, telephone number and email address; - a statement by you that you have a good faith belief that the material removed or disabled was the result of a mistake or misidentification of the material; and - a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.
If a counter-notice is received by our designated copyright agent at the address above, we may send a notice to the complaining party that the removed material will be restored or we will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored within ten (10) to fourteen (14) business days or more after receipt of the counter notice, at our discretion.
Consent to Monitor
When running the Software, Verse Surf may monitor your use and play of the Software and collect data regarding your use and play of the software in accordance with Verse Surf’s Privacy Policy found at https://verse.surf/privacy. In addition, the software may monitor your computer’s Random-Access Memory (RAM) for unauthorized third-party programs running concurrently with the Software. An “Unauthorized Third-Party Program” as used herein shall be defined as any third-party software that is prohibited. In the event that the Software detects an Unauthorized Third-Party Program, the Software may communicate information back to Verse Surf, including without limitation, your Account name, details about the Unauthorized Third-Party Program detected and the time and date; and Verse Surf may exercise any or all of its rights under this agreement, with or without prior notice to you, including without limitation, termination of this agreement and your right to continue use of the Software.
Patches and Updates
Verse Surf may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Verse Surf may update the Game remotely, without your knowledge, and you hereby grant to Verse Surf your consent to deploy and apply such patches, updates and modifications.
Duration of Online Services
The Software is an online game that must be played over the Internet through the Service as provided by Verse Surf. You understand and agree that the Service is provided by Verse Surf at its discretion and may be terminated or otherwise discontinued by Verse Surf at any time for any reason or no reason.
- Applicable Law.
- A printed version of these Terms of Use and all notifications provided in electronic form will be admissible in legal or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other documents and documentation originally produced and maintained in printed form. The user and Verse Surf agree that any legal action arising out of or related to the Service must commence within one (1) year from the event that triggered the action otherwise the cause is permanently blocked.
- These Terms of Use are governed and interpreted in accordance with the laws of the European Union and the United States. For all purposes of these Terms of Use, the parties accept the exclusive jurisdiction in the courts of Romania. Use of the Service is not authorized in jurisdictions that do not recognize the validity of all the provisions of these Terms of Use, including without limitation, this section.
- Lastly, the federal laws of the United States of America, the law of hosts of the app stores (Steam, XBOX, Google Play Store, GameStore, etc) apply.
Force majeure
If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties’ control, both parties’ obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement.
In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents Verse Surf from fulfilling the User’s instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. Verse Surf is not in any way responsible for any such or other force majeure circumstance.
- Entire Agreement
- This Agreement together with the Privacy Policy constitute the entire agreement between the parties concerning the contractual relationship.
- No change, consent or waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. The failure of Verse Surf to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
- Acknowledgment of Terms
- The User acknowledges that they:
- (a) have read this agreement prior to use of the Game;
- (b) understand the terms of this agreement;
- (c) have signed this agreement voluntarily, by using the Game;
- IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the signup.