Terms of Service
Last updated: October 6th, 2023
Please read this Terms of Service ("Terms") carefully before using the Verse Gaming Application (the "Application") operated by Verse Gaming inc., a corporation formed in New York, United States ("us," "we," "our"). This Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others who wish to access and use the Application.
By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.
Privacy and Data Usage
Your privacy and data security are important to us. We collect and process your personal information in accordance with our Privacy Policy, which outlines how we collect, use, share, and protect your data. By using the Verse Gaming Application, you consent to the practices described in the Privacy Policy.
Our Services and Pricing
We offer services and digital products on this Application. The price of these services and digital products can be found listed on the Application. This price includes all applicable taxes and other fees.
Purchases
When you make a purchase on the Application, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. You may make purchases using third-party payment processors. We are not responsible for the collection, use, sharing, or security of your billing information by third-party payment processors.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.
Transaction Fees
1. Calculation of Fees
Verse Gaming inc. assesses transaction fees for various activities and services offered on the Application. These fees are determined based on the specific nature of each transaction and the services provided. Prior to completing any transaction, the corresponding transaction fee will be displayed for your review and confirmation.
2. Payment Timing
Transaction fees are deducted at the time of the transaction. Users will have the opportunity to review the calculated fee amount before proceeding with the transaction.
3. Fee Types
Transaction fees encompass a range of activities and may include, but are not restricted to, deposit fees, withdrawal fees, contest entry fees, and subscription fees. The exact fee for each transaction type will be presented to users prior to confirmation.
4. Third-Party Payment Processors
Certain transactions may involve third-party payment processors for secure payment processing. It is acknowledged and agreed that these third-party processors have their own terms and conditions, including those pertaining to payment processing and fee assessment. Verse Gaming inc. shall not be held accountable for actions or charges imposed by third-party payment processors.
5. Fee Changes
Verse Gaming inc. reserves the right to adjust transaction fees at its discretion. Users will be notified of any changes to fees through notifications on the Application or other appropriate means.
6. Taxes
In addition to transaction fees, users may be responsible for remitting applicable taxes or other charges as stipulated by governmental authorities. Users agree to adhere to all tax obligations connected to their use of the Application.
7. Fee Refunds
Transaction fees are generally non-refundable, unless mandated otherwise by pertinent laws or regulations. In instances where a transaction is reversed or refunded, any associated transaction fees may also be subject to reversal or refund, as deemed applicable.
Please review the relevant fees associated with specific transactions before proceeding. By utilizing the Application, users acknowledge and accept the transaction fee terms outlined above.
Special provisions related to Bank Transfer Payments
Verse Gaming inc has partnered with financial services software company Aeropay to offer you ACH payments. When you create a Verse Gaming inc. Account and connect a bank to complete ACH payments, you will be creating an Aeropay account. You authorize Verse Gaming inc. to share your identifying information with Aeropay to open and support your Verse Account. You must comply also with Aeropay’s Terms of Service when creating or using your Verse Account. The Aeropay Terms of Service may be modified from time to time, and the governing version is incorporated by reference into this Terms of Service. Any term not defined in this section but defined in the Aeropay Terms of Service assumes the meaning as defined in the Aeropay Terms of Service.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be resolved through binding arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, USA, and the arbitration award may be enforced in any court with jurisdiction. The parties hereby waive their right to bring any disputes to court, including the right to a jury trial, and agree that arbitration is the sole and exclusive remedy for any dispute arising under these Terms.
Indemnity and Limitation of Liability
You agree to indemnify and hold harmless Verse Gaming, our directors, officers, employees, shareholders, agents, and affiliates, our ultimate parent and parent companies, and any of our or their subsidiaries against any and all costs, expenses, liabilities, and damages (whether direct, indirect, special, consequential, exemplary, or punitive or other) arising from any participation by you, including without limitation:
(a) Visiting, use, or re-use of the platform; (b) Use or re-use of the platform by means of telecommunication services; (c) Re-use of any materials at, or obtained from, the platform or any other source whatsoever; (d) Entry to, or use or re-use of the platform servers; (e) Facilitating or making a payment into your customer account; (f) Playing the games through any delivery mechanism offered; (g) Acceptance and use of any prize.
Limitation of Liability
To the maximum extent permitted by law, in no event will the total liability of our directors, officers, employees, shareholders, agents, and affiliates, our ultimate parent and parent companies, and any of our or their subsidiaries to you in contract, tort, negligence, or otherwise, for any loss or damage howsoever arising from any cause, whether direct or indirect, or for any amounts (even where we have been notified by you of the possibility of such loss or damage) exceed the value of the purchases you have made via your customer account in respect of the relevant game or product that gave rise to the relevant liability. Verse Gaming accepts no liability for any loss or damage howsoever arising beyond this amount which is deemed or alleged to have arisen out of or in connection with your participation. This includes, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the games or the platform or their content, or any errors or omissions in the content of the games or the platform.
Negligence
Nothing in these Terms of Service will operate so as to exclude any liability of Verse Gaming for fraud, death, or personal injury that is caused by Verse Gaming's negligence.
Survival of Obligations
This section concerning indemnity and limitation of liability survives the termination of these Terms of Service for any reason.
Participation and Restrictions
2. YOUR PARTICIPATION
Restrictions
2.1 You hereby declare and warrant that:
2.1. (a) you are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, allowed to participate in the contests offered on the Application;
2.1. (b) you participate in the contests for recreational and entertainment purposes only;
2.1. (c) you participate in the contests on your own behalf and not on the behalf of any other person;
2.1. (d) all information that you provide to us during the term of validity of these Terms is true, complete, and correct, and you will immediately notify us of any change to such information;
2.1. (e) money that you use to deposit and participate in contests is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
2.1. (f) you will not be involved in any fraudulent, collusive, fixing, or other unlawful activity in relation to your or third parties’ participation in any of the contests, and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the contests. We reserve the right to invalidate any participation in the event of such behavior; and
2.1. (g) in relation to the deposit of funds, you must only use a valid payment method (or credit card, where applicable) that belongs to you.
2.2. It is a user's responsibility to ensure that their participation is lawful in their jurisdiction. Any person who is knowingly in breach of this clause, including any attempt to circumvent this restriction, for example, by using a VPN, proxy, or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information about your location or place of residence, or by participating through a third party or on behalf of a third party located in a jurisdiction where it is unlawful to participate, is in breach of these Terms. You may be committing fraud and may be subject to criminal prosecution.
Eligibility
2.3. Employees and former employees (less than 3 years since cessation of employment) of Verse Gaming, any of its respective affiliates, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the contests and their immediate family (spouse, parents, siblings, and children, whether the relationship is by birth, marriage, or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to participate.
Acceptance
2.4. By accepting these Terms, you agree that your participation is at your sole option, discretion, and risk. You will have no claims whatsoever against Verse Gaming or any of its partners, or respective directors, officers, or employees in relation to any losses you incur.
Subscriptions
This Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month.
We do not offer the option to revoke your subscription shortly after making your purchase.
There is no minimum purchase required to qualify for the subscription.
Automatic Renewals of Subscriptions
When you purchase a subscription on the Application, your subscription will automatically renew each month. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.
You may cancel the automatic renewals of your subscription via your account on the Application. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.
You may cancel the automatic renewals of your subscription via the Application. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.
The cancellation of the automatic renewal of your subscription will become effective immediately upon you contacting us.
Accounts
When you create an account on our Application, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through your account on the Application.
Comments and Uploading Content
By submitting a comment or uploading content onto this Application, you grant Verse Gaming inc. a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute the comment or content. When you make a comment or upload any content onto this Application, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Application:
Content that harasses others; Pornographic and sexually explicit content; Content displaying, depicting, or suggesting violence; Content that exploits or abuses children; Content encouraging or committing illegal acts; Content sharing personal information without consent; Content infringing on someone's rights, including intellectual property rights; Content advertising products or services without our permission; Content whose purpose is spamming others.
Prohibited Uses
You agree that you will use this Application in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:
Manipulating fantasy contest or entries in any way, placing paid entries that are against the rules defined in the section's rules page, creating fraudulent accounts, fantasy leagues, or third party data, Impersonating or attempting to impersonate Verse Gaming inc. or its employees, representatives, subsidiaries, or divisions; Misrepresenting your identity or affiliation with any person or entity; Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material; Engaging in any conduct that restricts or inhibits any person's use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability; Using the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with another party's use of the Application;
Other
Entire Agreement
These Terms of Service constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to your Participation.
Amendments
Verse Gaming reserves the right to amend these Terms of Service, or to implement or amend any procedures, at any time. Any amendments will be published on the Platform, and such changes will be binding and effective immediately.
Whenever we amend these Terms of Service in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform, and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms of Service, you must stop using the Platform.
Tax
You are solely responsible for any taxes that apply to any funds you deposit or Prizes that you collect from your Participation.
Force Majeure
Verse Gaming will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside of our reasonable control.
No Agency
Nothing in these Terms of Service will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and us.
Severability
If any of the Terms of Service are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will, to that extent, be severed from these Terms of Service. All remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, Verse Gaming's original intent.
Explanation of Terms of Service
We consider these Terms of Service to be open and fair. If you need any explanation regarding these Terms of Service or any other part of our Service, contact support@versegaming.com.
The Terms of Service prevail over any communication via email or chat.
All correspondence between you and us may be recorded.
Contact Information
For any questions, concerns, or support needs related to these Terms of Service or the Verse Gaming Application, please reach out to our support team at:
Email: support@versegaming.com
User Obligations
By accessing or using the Verse Gaming Application, you agree to comply with all applicable laws, regulations, and rules. Your use of the Application is conditional upon your acceptance of and adherence to these obligations.
Termination Clause
You may terminate your account and access to the Application at any time by following the procedures outlined in your account settings. Verse Gaming reserves the right to terminate or suspend your account and access to the Application in the event of a breach of these Terms of Service or any other misconduct.
Upon termination, your account and any associated data may be deleted, except for data retained for record-keeping purposes.
Intellectual Property
All content and materials available on the Verse Gaming Application, including but not limited to text, graphics, logos, images, videos, and software, are protected by copyright and other intellectual property rights. Except as expressly provided in these Terms of Service, you are not granted any rights to use or reproduce the content and materials without prior written consent from Verse Gaming.
Jurisdiction and Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of New York.
Language of Agreement
These Terms of Service are provided in English. Translations of these Terms of Service may be available for user convenience. In the event of any discrepancies between the English version and any translated versions, the English version shall prevail.
Notice of Changes
We may update these Terms of Service from time to time. Changes will be communicated through notifications on the Verse Gaming Application or by other means. Your continued use of the Application after changes are made signifies your acceptance of the updated terms.
