About 5 — Versus Systems

Terms and Conditions

Versus Systems Platform Terms of Service / Master Official Rules

Effective Date: May 19, 2023

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE VERSUS SYSTEMS PLATFORM.

WE DRAW YOUR ATTENTION IN PARTICULAR TO THE DISCLAIMERS IN SECTION 12, THE LIMITATION ON OUR LIABILITY IN SECTION 13 AND THE INDEMNITIES IN SECTION 17.

INTRODUCTION

Versus, LLC (“Versus”, “we,” “us,” and “our”) offers the Versus Systems Platform (this “Program”). Versus is a limited liability company registered in Nevada, USA under registration number 201617610179 and its principal place of business at 6701 Center Drive West, Suite 480, Los Angeles, CA 90045 USA.

The Program is a community that offers eligible individuals an opportunity to participate in online video gaming challenges, prize draws, prize competitions and tournaments (collectively, “Competitions”), subject to compliance with the terms and conditions set forth in this Versus Systems Platform Terms of Service/Master Official Rules (collectively, these “Terms”).

By accessing or participating in the Program, you accept and agree to be legally bound by these Terms, whether or not you sign-up as a Participant (defined below) of the Program. If you wish to become a Participant and participate in the Program, please read these Terms and indicate your acceptance to these Terms by following the instructions in the Program sign-up process. It is important that you review these Terms regularly. We may impose limits on certain features, activities, promotions or services and may restrict, suspend, terminate your access to the Program, in whole or in part, at any time and for any or no reason, with or without prior notice and without liability.

Each time you access and/or use the Program, you agree to be bound by and comply with these Terms and any Additional Terms (defined below). If you do not agree to these Terms, please do not participate in the Program. The business realities associated with operating the Program are such that, without the limitations that are set forth in these Terms — such as your grants and waivers of rights, the limitations on our liability and your indemnity of us– we would not make the Program available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Program (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms, for any specific video game Competition we may offer as part of the Program or to Program Participants a description of how you can win the prize in each Competition (referred to as the “Initial Rules”). Such Initial Rules will be posted in the Program during the applicable Competition period and which will govern Participants’ participation, and our execution, of each such Competition. The Initial Rules are incorporated into these Terms by this reference. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Any information Participants provide to us in connection with this Program or any contest or other promotion or offer operated in connection with this Program is subject to the Versus’ Privacy Policy.

LINKABLE TABLE OF CONTENTS

Eligibility
Registration and Accounts
Competitions
Timing and Termination
Content, Ownership, Limited License and Rights of Others
Terms Applicable to User Content
Participant Disputes
Code of Conduct
Program and Content Use Restrictions
Linked Sites; Advertisements; Dealings with Third Parties
Designated Agent for Copyright Infringement Notification
Disclaimers
Liability
Our Rights
Dispute Resolution
Waiver of Injunctive or Other Equitable Relief
Indemnity
Updates to Terms
Communications, Notices and Customer Service
General Provisions

Eligibility. To participate in the Program or any Competition, then in addition to any other eligibility requirements that may be required by the applicable Program or Competition, you must: (a) be an individual who is at least eighteen (18) years of age, a permanent resident of the United Kingdom (England, Scotland, Wales and Northern Ireland only) and personally assigned to the email address submitted during your Participant Account (defined below) registration; (b) be physically located within the United Kingdom when accessing your Participant Account and participating in Competitions;; and (c) at all times abide by these Terms. If any one of these requirements is not met at any time, we may suspend or close your Participant Account with or without notice. Employees, officers and directors of Versus and each of their respective parents, affiliates, subsidiaries, advertising, and promotion agencies, and distributors and prize suppliers, and each of such employees’, officer’s and directors’ Immediate Family Members and/or those living in the same household (for at least three months a year) (whether legally related or not) of each are not eligible to enter or win a Competition. “Immediate Family Members” are defined as spouse, partner, parents, legal guardians, and children

You acknowledge that various rules, regulations and laws addressing prize draws, prize competitions and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”). We reserve the right (but have no obligation) to monitor the location from which you access the Program, and we may immediately block access from any jurisdiction in our sole discretion. In addition to Gaming Laws, your use of and participation in the Program is also subject to all other applicable laws and regulations (together with Gaming Laws, the “Applicable Law”). You are solely responsible for your compliance with all Applicable Law. Access to Competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED BY APPLICABLE LAW. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if Applicable Law restrict or prohibit your access or participation. In particular, residents of Northern Ireland may not be eligible to participate in chance-based Competitions (i.e. prize draws) and, where this is the case, the Initial Rules and/or Additional Terms will make this clear. It is your responsibility to check your eligibility for each Competition before entering or participating. Residents of Northern Ireland who enter a Competition in contravention of these Terms and any Initial Rules will not be eligible to win a prize in the relevant Competition.

Registration and Accounts. In order to participate in Competitions, you may first register for a Program account (the “Participant Account”) through our sign-up registration process. Individuals who sign-up for the Program and receive a Participant Account are referred to in these Terms as, “Participants.” Participation in the Program constitutes Participant’s full and unconditional agreement to these Terms and Versus’ decisions, which are final and binding in all matters related to the Program.

If you register for any feature that requires a password and/or username (which we make available from time to time), then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device (defined below) so that others may not access any password protected portion of the Program using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your Participant Account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your Participant Account or any account rights, including, without limitation, digital trophies, virtual currency or virtual goods. To the fullest extent permitted by Applicable Law, we will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any Applicable Law, then we may suspend or terminate your Participant Account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. You represent and warrant to us that: (i) you have the right, authority, and capacity to agree to these Terms, to register for a Participant Account, and to participate in those Competitions for which you register, including, without limitation meeting the eligibility requirements set forth in Section 1 above; and (ii) you will comply with these Terms when participating in Competitions, receiving services, and/or using the Program, and failure to comply may result, without limitation, in immediate termination of your Participant Account and forfeiture of any prizes.

You may establish only one (1) Participant Account per person to participate in the Program. In the event Versus discovers that you have opened more than one (1) Participant Account per person, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your Participant Accounts and terminate, withhold or revoke the awarding of any prizes.

You have the right to cancel your Account at any time. If you wish to cancel your Account, simply submit your request by emailing support@versussystems.com.

Cancellation of your Account for any reason shall not affect any of your or our respective rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to bring a claim in respect of any breach of these Terms which existed at or before the date of cancellation.

Privacy Notice. Please refer to our Privacy Policy for information on how we collect, use and share your information. You acknowledge that your use of the Program is subject to our Privacy Policy and you confirm that you have read and understood the Privacy Policy.

Competitions.
Contests. Participants will be able to visit the Program and view the Competitions available for entry. Each Competition description will include a description of how you win a prize (if applicable). There is no consideration or other payment required to participate in a Competition. You must register and complete the entry process to participate in a Competition. Competitions offered through the Program may be contests of luck, skill, or a combination of both. Winners are determined by the specific criteria described in the Competition Initial Rules. The Program may not be used for any form of gambling.
Competition Statistics and Live Scoring. To the extent that we offer ‘live’ statistics during gameplay, all ‘live’ statistics and other information provided through the Program and related information sources are unofficial. Live statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Competitions. While we and the third parties used to provide the services made available through the Program endeavor to include accurate and up-to-date information, neither Versus nor its third party providers warrant or make any representations of any kind with respect to the information provided through the website and related information sources. The content made available through the Program is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content made available through the Program.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VERSUS AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE PROGRAM AND RELATED INFORMATION SOURCES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR OR OMISSIONS IN THAT INFORMATION.

Prizes. At the conclusion of each Competition, prizes, if any, will be awarded up to ten (10) business days thereafter, except in circumstances where technical failure, inability of Versus to verify your compliance with these Terms, or other reasons prevent such timely award. Competition prizes are listed in the Initial Rules. Prizes won are added to the winning participant’s Participant Account balance. In the event of a tie, prizes are divided evenly amongst the participants that have tied.

The prize is non-transferable, with no cash redemptions, equivalents or substitutions, and cannot be resold, except at our sole and absolute discretion. In the event that we are unable to provide the winner with his/her prize for any reason, we may elect, at our sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.

D. License. Subject to Applicable Law, winners of any Competition irrevocably grant the Program Parties (defined below) and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Competition, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prizes to the winners.
Payment and Withdrawal of Prizes. Potential winners of each Competition shall be identified on the website after confirmation by Versus using Versus proprietary technology. Versus reserves the right to invalidate any match play in its sole and absolute discretion. Winners agree that from the date of notification by us of their status as a potential winner and continuing until such time when we inform them that they no longer need to do so, that they will make themselves available to us for publicity, advertising, and promotion activities.

Before making any prize distributions, we may require that a winner complete and execute an affidavit of eligibility in which, among other things, the Participant is required to represent and warrant that the Participant is eligible to participate in the Competition, is otherwise in compliance with these Terms and, potentially, is required to provide documentation or proof of eligibility and compliance. If we request that you complete and execute such an affidavit and the Participant fails to do so within seven (7) days, or we otherwise determine that the Participant does not meet the eligibility requirements or is not in compliance with these Terms, we reserve the right to terminate the Participant’s Participant Account and withhold or revoke the awarding of any prizes associated with such Participant Account. In such a situation, we may award any withheld or revoked prizes to the other Participants in the relevant Competition in a manner consistent with the Initial Rules of the Competition. Participants may be requested to provide forms of identification, including, but not limited to, a driver’s license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by us in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Promotional deposits, credits, and other bonuses may not be withdrawn from a Participant Account unless appropriate terms of the promotion are achieved first by the user. In the event that the awarding of any prizes to winners of any Competition is challenged by any legal authority, we reserve the right in our sole discretion to determine whether or not to award such prizes.

If applicable, Participants may withdraw their cash prize awards by using the “Withdrawal” option in their Participant Account through a PayPal account. When you withdraw funds from your Participant Account, you may be required to submit certain identifying information. Failure to provide your identifying information at that time may result in our inability to process your withdrawal for any winnings.

ALL PRIZE DISTRIBUTIONS ARE SUBJECT TO APPLICABLE LAW. WE HAVE SOLE DISCRETION TO DETERMINE IF A PRIZE DISTRIBUTION MAY VIOLATE SUCH APPLICABLE LAW AND TO TAKE ANY APPROPRIATE ACTION TO PREVENT SUCH POTENTIAL VIOLATION OF APPLICABLE LAW INCLUDING WITHOUT LIMITATION NOT ALLOWING YOUR PRIZE WITHDRAWAL.

Timing and Termination. Each Competition will begin and end on the dates set forth in the Competition Initial Rules (the “Competition End Date”). Versus makes no guarantee or representation as to the length of time during which any Competition will be offered, and a Competition could end at any time. Versus reserves the right to cancel, modify, restrict, suspend or terminate this Program or any aspect or feature of the Program and/or extend or shorten a Competition End Date at any time without notice.

These Terms will remain in full force and effect while you use the Program and/or are a Participant. We may suspend or terminate your participation for any reason, at any time, including without limitation if you fail to remain eligible. We may suspend or terminate your access to this Program if we in our sole discretion determine that you have violated these Terms (including if you are no longer in eligible). Even after your participation is terminated, these Terms will remain in effect. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including, but not limited to, deletion of your Participant Account, profile, Virtual Goods and submitted User Content, from the Program upon any breach by you of these Terms.

If you wish to discontinue your participation in this Program, please contact us at support@versussystems.com.

Content, Ownership, Limited License and Rights of Others.
Content. The Program contains a variety of: (i) materials and other items relating to Versus and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Program, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of Versus (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
Ownership. The Program (including past, present, and future versions) and the Content are owned or controlled by Versus and/or our licensors and certain other third parties. All Content included on the Program is used with the permission of Versus, such as text, graphics, logos, icons, images, and audio clips. All right, title and interest in and to the Content available on the Program is the property of Versus or our licensors or certain other third parties and is protected by United States and international copyright, trademark, patent or other intellectual property rights to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms and any Additional Terms, Versus grants you a limited, non-exclusive, revocable, non-assignable, personal, and non- transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Program explicitly for you for use as part of or to be incorporated into your User Content (“Versus Licensed Elements”), but only for such purposes as may be explicitly stated at the time that the Versus Licensed Elements are made available on the Program; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Versus Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Versus’ sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Versus Licensed Elements, subject to certain Additional Terms. You may not distribute, modify, transmit, reuse, re-post, or use the Content on the Program for public or commercial purposes, including the text, images, audio, and video without Versus’ written permission.
Rights of Others. When using the Program, you must respect the intellectual property and other rights of Versus and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Versus respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Program, then please see Section 11below.

Terms Applicable To User Content.
User-Generated Content.

(i) General. Versus may now or in the future offer Participants the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Program messages, avatars, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Versus Licensed Elements included therein, “User Content”). Versus may allow you to do this through forums, blogs, message boards, social communities, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Content.

(ii) Non-Confidentiality of Your User Content. You acknowledge that User Content may be viewable by other users of the Program. Therefore, except as otherwise described in the Versus Privacy Policy or any Additional Terms, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Versus does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Versus’ request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.

In your communications with Versus, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for vehicles, music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Program are deemed User Content and licensed to us as set forth below. In addition, Versus retains all of the rights held by Participants of the general public with regard to your Unsolicited Ideas and Materials. Versus’ receipt of your Unsolicited Ideas and Materials is not an admission by Versus of their novelty, priority, or originality, and it does not impair Versus’ right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii) License to Versus of Your User Content. Except as otherwise described in any applicable Additional Terms, which specifically govern the submission of your User Content, to the fullest extent permitted by Applicable Law, you grant to Versus, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Versus to your User Content, to the extent permitted by Applicable Law, you also grant to Versus the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, in favour of Versus any moral rights (including attribution and integrity) (and any rights of a similar nature anywhere in the world) that you may have in relation to any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably and unconditionally agree not to assert or exercise such rights (if any) in a manner that interferes with any exercise of the rights granted to Versus in relation to your User Content. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(A)(iii).

(iv) Versus’ Exclusive Right to Manage our Venue. Versus may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and Versus may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party in connection with our operation of User Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, defamatory, bullying, intimidating, humiliating, illegal, fraudulent or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including without limitation, the content restrictions set forth in the Code of Conduct set out in Section 8 below. Such User Content submitted by you or others need not be maintained on the Program by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content in connection with the Program or elsewhere.

(v) Representations and Warranties Related to Your User Content. Each time you submit any User Content, you represent and warrant that you are at least eighteen (18) years of age and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Versus the rights to it that you are granting by these Terms and any Additional Terms, all without any obligation on Versus to obtain consent of any third party and without creating any obligation on or liability of Versus; (b) the User Content is accurate; (c) the User Content does not and, as to Versus’ permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the Code of Conduct set out in Section 8 below) or any Additional Terms, or cause injury or harm to any person.

(vi) Enforcement. Versus has no obligation to monitor or enforce your intellectual property rights in or to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at Versus’ cost and expense, to which you hereby consent and irrevocably appoint Versus as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

(vii) No Reliance on User Content. We have no obligation to, and do not routinely, moderate User Content. Consequently, we do not endorse and cannot ensure the accuracy of User Content and the views expressed in User Content do not necessarily represent our views or values. User Content is not intended to amount to advice on which you should rely and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of User Content. We make no representations, warranties or guarantees, whether express or implied, that User Content is accurate, complete or up to date.

(viii) Complaints about User Content. If you wish to complain about User Content uploaded by other users on the basis of an alleged copyright infringement, please see Section 11 for details of how to submit your complaint. To report User Content for any other reason, please contact us using the details below, providing your name and contact details and clearly identifying the User Content you wish to complain about. Please ensure you tell us when and where you saw the User Content on the Program and clearly explain the nature of your complaint. We will review your complaint and decide what action to take (if any) in our sole and absolute discretion, which may include the removal of the User Content from the Program. However, we are not obligated to take any action not required by law.

Complaints by Mail: Versus Systems, 6701 Center Drive West, Suite 480, Los Angeles, CA 90045 USA (Attn: DMCA Agent).

Complaints by Email: support@versussystems.com

Participant Disputes. You are solely responsible for your interactions with other Participants, whether online or offline. To the fullest extent permitted by Applicable Law, we are not responsible or liable for the conduct or content of any Participant. Versus reserves the right, but shall have no obligation, to monitor or become involved in disputes between you and other Participants. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.

Code of Conduct.
Competitions. By entering a Competition, Participants agree to be bound by these rules and our decisions, which shall be final and binding in all respects. Users also agree to bound by any applicable Initial Rules and Additional Terms relating to the relevant Competition. We may, at our sole discretion, disqualify any Participant from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the Participant engages in conduct or otherwise utilizes any information we deem to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Participant. These Terms prohibit entering a Competition if the entrant is:

Falsifying personal information required to enter a Competition or claim a prize;
Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Competition or claim a prize;
Colluding with any other individual(s) or engaging in any type of syndicate play;
Any violation of Competition Initial Rules or these Terms;
Using a single Participant Account to participate in a Competition on behalf of multiple entrants or otherwise collaborating with others to participate in any Competition;
Using automated means (including, but not limited to, harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the website or of any Participant for any purpose;
Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
Tampering with the administration of a Competition or trying to in any way tamper with the computer programs or any security measure associated with a Competition;
Obtaining other entrants information and spamming other entrants; or
Abusing the Program in any way.

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.

User Content. You understand and agree that Versus may review and delete any User Content that, in the sole judgment of Versus, violates these Terms or which might be offensive, inconsistent with what is appropriate in our Program, illegal, or that might violate the rights, harm, or threaten the safety of Participants. The following is a list of the kind of User Content that is prohibited on the Program. Versus reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Program and terminating the participation of such violators. Content that violates the “Code of Conduct” includes, but is not limited to, User Content that:

is patently offensive, such as User Content that promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or any cursing, stalking, insuring comments, personal attacks or gossip;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or flooding;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
displays obscene, pornographic or sexually explicit material of any kind or is defamatory or slanderous;
promotes any infringing, illegal, or other similarly inappropriate activity;
impersonates any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
solicits personal information from anyone;
engages in commercial activities and/or sales without Versus’ prior written consent, including, but not limited to, contests, prize draws, prize competitions and other promotions, barter, advertising, and pyramid schemes; and/or
is otherwise unlawful.

Even though all of this is strictly prohibited, there is a small chance that Participants might become exposed to such items and, to the fullest extent permitted by Applicable Law, each Participant further waives Participant’s right to any damages (from any party) related to such exposure.

Your submission of User Content is also subject to these additional rules that are part of our Code of Conduct:

Your User Content. All of your User Content must be your own original work or you must have obtained all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears in the User Content, then you must also have their permission to submit such User Content to Versus. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Versus as your User Content, then you must obtain your friend’s and the photographer’s permission to do so.)
Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Program, link to embedded videos, or include other images of real people, then you must make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
Don’t Damage the Site or Anyone’s Computers or Other Devices. Your User Content must not submit viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologies or malicious code that could impact the operation of the Program or any computer or other Device.
Others Can See. We hope that you will use the Program to exchange information and content and have venue appropriate discussions with other Participants. However, please remember that the site pages of the Program may be public or semi-public and User Content that you submit in connection with the Program may be accessible and viewable by other users. You must not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on public or semi-public spaces and you must take care when disclosing this type of information to others.
Don’t Share Other Peoples’ Personal Information. Your User Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Versus.

If you submit User Content that we reasonably believe violates this Code of Conduct, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Program. If you discover any content that violates these Terms, then you may report it using the process set out in Section 6(A)(viii). For alleged infringements of intellectual property rights, see Section 11 below.

Program and Content Use Restrictions.
Program Use Restrictions. You agree that you will not: (i) use the Program for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) transmit any chain letters or junk email to other Participants; (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) engage in any activities through or in connection with the Program that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Versus; (v) reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Program (except to the extent that any reduction of software to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for the purposes of integrating the operation of such software with the operation of other software or systems used by the Participant); (vi) engage in any activity that interferes with a user’s access to the Program or the proper operation of the Program, or otherwise causes harm to the Program, Versus, or other Participants of the Program; (vii) interfere with or circumvent any security feature of the Program or any feature that restricts or enforces limitations on use of or access to the Program, the Content, or the User Content; or (viii) otherwise violate these Terms or any Additional Terms.
Content Use Restrictions. You also agree that, in using the Program: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Program by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the Versus Licensed Elements, if applicable); (vi) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Versus or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
Availability of Program and Content. Versus may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them) in whole or in part for any reason, in Versus’ sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted as to Content and Program. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Program. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Versus and its licensors and other third parties. Any unauthorized use of any Content or the Program for any purpose is prohibited.

Linked Sites; Advertisements; Dealings with Third Parties.
Linked Sites; Advertisements. In addition to Perks, the Program may also contain other links to sites that are controlled by third parties (“Linked Sites”). Those Linked Sites are not controlled by Versus, and Participants acknowledge that Versus is not responsible for the content of any such Linked Site or any link contained in a Linked Site. Versus provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Versus of any Linked Site. Versus does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Versus is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Sites. Finally, to the fullest extent permitted by Applicable Law, Versus will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. Versus disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Program (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Versus recommends that you satisfy yourself as to the reputation and reliability of Linked Sites and third-party providers prior to entering into any transaction with, or providing any personal information to, such Linked Sites and/or or third parties. Versus disclaims all liability in connection therewith.

Designated Agent for Copyright Infringement Notification.
Copyright Infringement Notice. Versus will respond appropriately to notices of alleged copyright infringement. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the services, then you may send us a written notice that includes all of the following:

(i) a legend or subject line that says: “Copyright Infringement Notice”;

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the services on which the material appears);

(iv) your full name, address, telephone number and email address;

(v) 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;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

Versus will only respond to Copyright Infringement Notices that it receives by post or email at the addresses below:

By post: Versus Systems, 6701 Center Drive West, Suite 480, Los Angeles, CA 90045 USA (Attn: DMCA Agent).

By email: support@versussystems.com

It is often difficult to determine if your copyright has been infringed. Versus may elect to not respond to Copyright Infringement Notices that do not substantially comply with all of the foregoing requirements, and Versus may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the foregoing requirements.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a Counter-Notification.

Without limiting Versus’ other rights, Versus may, in appropriate circumstances, terminate a repeat infringer’s access to the Program and any other website owned or operated by Versus.

Counter–Notification. If access on the services to a work that you submitted to Versus is disabled or the work is removed as a result of a Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a Counter-Notification to the addresses above. Your Counter-Notification should contain the following information:

(i) a legend or subject line that says: “Copyright Infringement Counter-Notification”;

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the services from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, e-mail address, and the username of your Participant Account;

(v) your electronic or physical signature.

If we receive a Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the services. You should also be aware that we may forward the Counter-Notification to the party who sent us the Copyright Infringement Notice.

Disclaimers. You are responsible for making all arrangements necessary to access the Program (and for any costs of doing so). In particular, you are responsible for ensuring that your Device is compatible with our Program.

The Program is made available free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.

Access to the Program is permitted on a temporary basis. We do not guarantee that the Program, or any of its content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Program for any reason without liability to you. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access our Program through your internet connection are aware of these Terms and other applicable terms and conditions and policies, and that they comply with them.

The Program is intended for use only by those who can access it from within the United Kingdom. If you choose to access the Program from locations outside the United Kingdom, you are responsible for compliance with local laws.

The content on our Program is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Program.

Although we make reasonable efforts to update the information on our Program, we make no promises and provide no assurances that the content on our Program is accurate, complete or up to date.

We do not guarantee that our Program will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Program. You are responsible for implementing your own virus protection and internet security software.

If for any reason a Competition is not capable of running as originally planned, or if a Competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Competition in accordance with the Terms or applicable Initial Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in our sole opinion of corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, Versus reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the website. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

We reserve the right, in our sole discretion, to cancel or suspend the Competitions (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Competitions (or any portion thereof) warrant doing so.

Liability.

In this Section, “Program Parties” shall mean Versus, its parent company and each of their respective subsidiaries and each of their respective employees, directors, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns.

Nothing in these Terms shall in any way limit or exclude any of the Program Parties’ liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability that cannot be limited or excluded as a matter of Applicable Law. All provisions of these Terms that seek to limit or exclude liability in any way shall be subject to this overriding provision.

In particular, consumers in the United Kingdom have certain rights in relation to goods and digital content that are faulty, not fit for purpose or not as described and services that are not performed with reasonable care and skill. However, these rights apply primarily to paid-for goods, services and digital content and not where such goods, services and digital content are provided without charge. Versus does not charge you a fee to use and participate in the Program and therefore certain consumer rights and remedies (including the majority of those described in Part 1 of the Consumer Rights Act 2015) do not apply to your use of the Program. However, if a Device or other digital content belonging to you is damaged as a result of your use of the Program, and that damage is of a kind that would not have occurred but for a Program Party’s failure to exercise reasonable care and skill, then depending on the circumstances you may be entitled to have your Device or digital content repaired or (at our option) to receive a compensation payment of an appropriate amount to be reasonably determined by us.

Advice about your legal rights is available from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk/) or Trading Standards office (www.gov.uk/find-local-trading-standards-office).

Subject to the preceding provisions of this Section, the Program Parties are not legally responsible to you for any: (i) losses that were not foreseeable to you and to the Program Parties when these Terms were formed; (ii) losses that were not caused by any breach on the part of any Program Party; (iii) business losses; and (iv) losses to non-consumers.

Subject to the preceding provisions of this Section, the Program Parties are not liable to you if any of the Program Parties fail to comply with these Terms because of circumstances beyond the Program Parties’ reasonable control, including, but not limited to: strikes, lock-outs or other industrial disputes; breakdown of systems or network access; postal delays; computer or electronic malfunction or traffic congestion on telephone lines or transmission systems; flood, fire, explosion or accident; epidemics or pandemics; acts of any government; or changes in law or regulation.

Subject to the preceding provisions of this Section, the maximum aggregate liability of the Program Parties under or in connection with these Terms and the Program in respect of any defective services, whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the sum of £100 (one hundred pounds sterling).

Our Rights. Versus reserves the right to modify, suspend, cancel or discontinue the Program, in whole or in part, for any reason, at its sole discretion, with or without notice to Participants. Versus may, among other things, withdraw, limit, modify, suspend or cancel any item and/or modify or regulate the items or benefits you may have accrued. To the fullest extent permitted by Applicable Law, each Participant agrees that Versus will not be liable to the Participant or any third party for any modification or discontinuance of the Program. Versus reserves the right to interpret and apply the policies and procedures communicated in these Terms. Versus reserves the right to terminate any Participant’s participation in the Program, to deny award of any item and/or terminate service if, in Versus’ sole judgment, such Participant has in any way violated these Terms.

Dispute Resolution.
APPLICABLE LAW AND JURISDICTIONTHESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA. HOWEVER, AS A UK CONSUMER, YOU MAY BENEFIT FROM ANY MANDATORY PROVISIONS OF THE LAWS OF THE COUNTRY IN WHICH YOU ARE RESIDENT. NOTHING IN THESE TERMS, INCLUDING IN PARTICULAR SECTIONS 12-17, SHALL DEPRIVE YOU OF THE MANDATORY RIGHTS YOU HAVE AS A CONSUMER UNDER THE LAWS APPLICABLE IN YOUR COUNTRY OF RESIDENCE.

YOU AND WE EACH IRREVOCABLY AGREE THAT THE COURTS OF ENGLAND AND WALES SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE OR CLAIM (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THEIR SUBJECT MATTER OR FORMATION, EXCEPT THAT RESIDENTS OF SCOTLAND MAY CHOOSE INSTEAD TO BRING PROCEEDINGS IN THE SCOTTISH COURTS AND RESIDENTS OF NORTHERN IRELAND MAY CHOOSE INSTEAD TO BRING PROCEEDINGS IN THE NORTHERN IRISH COURTS.

Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF VERSUS.

Indemnity.In exchange for the right to participate in the Program and Competitions, to the fullest extent permitted by Applicable Law, you agree to indemnify, defend (at our option) and hold the Program Parties harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (i) injuries, damages, or losses to persons and property which may be sustained in connection with participation in a Competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (ii) your User Content; (iii) your use of the Program and your activities in connection with the Program; (iv) your breach or anticipatory breach of these Terms or any Additional Terms; (v) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Program, participation in Competitions, and your other activities in connection with the website and the Program; (vi) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by you; (vii) our use of the information that you submit to us (including your User Content); and (viii) any use of this Program that may constitute a violation of Applicable Law (all of the foregoing, “Claims and Losses”). We may, in our sole and absolute discretion, require any prize winner to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.

You will cooperate as fully required by us in the defense of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Versus. We are not responsible for technical, hardware, network connections or incomplete or delayed computer transmissions, regardless of cause.

Updates to Terms. These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which they apply, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE PROGRAM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Program (at least prior to each transaction or submission). The revised Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Program will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail you associated with your Participant Account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Program and related services.

Communications, Notices & Customer Service. By signing-up for the Program, you agree that: (i) we may give you notices of important matters by prominently posting notice on the home page of the Program or in another reasonable manner we determine in our sole discretion; and (ii) we may contact you and send you communications by postal mail and e-mail at the addresses provided in your Participant Account. These communications may include marketing communications about the Program as well as other promotional offers unrelated to the Program and you consent to receive these communications from us even if you previously indicated to us that you no longer wanted to receive communications from us. Your sign-up to the Program will serve as your express agreement to receive these marketing and similar communications from us. You may prospectively modify certain types of email communications that you receive from us relating to the Program by following the instructions contained within such emails. Such changes will only impact our email communications to the extent described in the modification process. You agree to promptly notify us if you change your e-mail or mailing address by updating your Participant Account.

If you have a question regarding using the Program, you may contact Versus Customer Support by emailing us at support@versussystems.com. You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.

General Provisions.
Severability. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severed from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by Applicable Law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Cooperation with Law Enforcement; Termination; Survival. We reserve the right, without any limitation, to: (i) investigate any suspected breaches of the Program’s security or our information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms and any Additional Terms; (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms and any Additional Terms; and (vi) discontinue the Program, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms or any Additional Terms. Upon suspension or termination of your access to the Program, or upon notice from us, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Program. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Assignment. We may assign our rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Versus.
No Waiver. Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Program and you will be responsible for all charges related to them.
G. Third-Party Rights. No one other than a party to these Terms has any right to enforce any of its terms (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).