Effective date: June 18, 2020
Versa (also known within this document as “we”, or “us”) develops and publishes apps for mobile devices.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
1. GENERAL TERMS AND LICENSE
1.1 Governing Agreement
“Account” means an account you create when you access the Services.
“Services” means our apps, products, services, content, Versah.com, and/or other domains or websites operated by Versa.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile pictures, your in-app text or video chat, and your in-app art or other content authored or designed by you.
“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-app items.
1.5 Account Information
1.6 Username and Password
During the account creation process, you may be asked to select a password ("Login Information"). The following rules govern the security of your Login Information:
- You shall not share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Versa and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information; and
- You are responsible for anything that happens through your account.
Versa reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
1.7 Payment terms
We provide a service in the form of access to apps, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.
How it Works:
You get a limited license and right to use Virtual Items by visiting the purchase page in one of our apps or Services and providing billing authorization through the platform on which you are playing (e.g., Apple, Google).
When you make a purchase on any Versa-owned website, the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, we may send you a confirmation email that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records.
When you purchase Virtual Items in our apps on other platforms such as Apple, or Google, Versa is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information.
For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins.
For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:
- agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
- if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.
You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT VERSA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH VERSA.SO OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
Additional Payment Terms:
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Versa may revise the pricing for the goods and services it licenses to you through the Services at any time.
Some of Versa’s apps may offer subscription services. If you purchase a subscription, then by clicking the purchase button you are requesting that We begin supplying the subscription services immediately and are entering into a monthly subscription contract with Us. You are also authorizing a charge to you of a periodic subscription fee at the rate quoted at the time of purchase. For subscription services purchased in a Versa app used on a platform such as Apple or Google, the platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
Subscription rates are based on an amount in U.S. Dollars. If you are using a local currency the actual amount may fluctuate based on currency exchange rates without notice to you. The charges will be applied to the payment instrument you provide when you start your subscription (or to a different payment instrument, if you change your account information). Please note that prices and charges are subject to change. If Versa makes a change to the monthly subscription rate in U.S. Dollars, we will let you know in advance.
Your subscription will automatically renew each month unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews each month, otherwise payment of the next month’s subscription fees will be taken automatically via your chosen payment method.
You may cancel at any time by visiting the Subscription Management page within the relevant app, clicking the Subscription Details button and following the instructions for canceling your subscription. You may also be able to cancel your subscription directly through the platform for apps used on a platform, by following the instructions here (Apple) or here (Android).
SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS, EXCEPT FOR EU CUSTOMERS THAT CANCEL WITHIN 14 DAYS OF THEIR INITIAL PURCHASE, AS EXPLAINED BELOW.
If you reside in the European Union, subscription services may be cancelled within 14 days from the date of your purchase and you may obtain a refund of your initial payment minus a reasonable prorated portion to cover your use of the subscription service prior to cancellation.
Versa apps may occasionally offer a one-time or limited-time bonus to users that have a current subscription or who agree to start a subscription. You understand that these items, which will generally be marked as “bonus” items, will not be a part of your ongoing subscription.
Billing Support: for billing support, please contact us through firstname.lastname@example.org.
1.8 License Limitations
Any use of our Services in violation of these License Limitations (as defined in this Section) is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Versa content is a violation of Versa policy and may be a violation of criminal and civil laws.
You agree that you will not, under any circumstances (together, “License Limitations”):
- Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
- Without Versa’s express written consent, use the Services or any part thereof for any commercial purpose;
- Transmit unauthorized communications through the Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
- Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Versa; or
1.9.1. CONTENT AND SERVICES
The Services (including without limitation any content, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by Versa, unless expressly indicated otherwise. Versa reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services.
You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of an app. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Versa.
Generally, accounts created with Versa will be considered active until we receive an Account Owner request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.
1.10 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
2. USING OUR SERVICES
Who can use our Services: We are excited to have you start using our apps, but there are some limits on who can use our Services.
You may not use our Services if:
- You cannot enter into a binding contract with Versa.
- You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to Versa (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, a Versa Service has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA) to use the Service. (In those instances, we will either provide a version of that Service that does not collect, use, or disclose personal information, except where and to the extent permitted by applicable data protection laws, including without limitation the Children’s Online Privacy Protection Act, or obtain legally valid parental consent.)
- You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
- You are a convicted sex offender.
- You have previously been banned from using any Versa app or using any Versa Service, unless Versa has reversed that ban, in its sole discretion.
If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.
Additional Important Rules and Terms:
If you access the Services from a social network, such as Facebook, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms.
Accessing our Services:
To access or use our apps or create an Account with us, you may need an account with a social network, like Facebook, and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. You may need to update third-party software from time to time to receive the Services and use Versa’s apps.
We provide the apps and other Services. You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.
Service Changes and Limitations:
Versa reserves the right to stop offering and/or supporting the Services or a particular app or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Versa is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.
VERSA MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR APPS AND SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND VERSA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month’s notice of any material changes before they take effect, and if you are unhappy with those changes, you can choose to cancel your Services under these Terms.
Deleting your Account:
3. USER CONTENT
Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“User Content”). You understand and agree that all User Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all User Content that you may upload, communicate, transmit or otherwise make available via our Services.
If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:
- not confidential;
- not in violation of law;
- not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
- free of viruses, adware, spyware, worms, or other malicious code
We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
- User Content submitted in response to Versa promotions, which will be subject to these Terms or other terms of the promotion;
- User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
- User Content subject to a separate license with Versa, which will be subject to the terms of such license.
If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.
When you post, publish, or transmit your observations and comments on the Services, such as in forums, blogs, and chat features, we cannot guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. VERSA IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT IN ANY FORUMS, BLOGS, OR CHAT ROOMS.
4. MONITORING USE OF OUR SERVICES AND USER CONTENT
We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct. We also are not responsible for information, materials, products, or services provided by other players (for instance, in their profiles) and User Content is not approved by us. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please let us know by contacting us at email@example.com.
5. THIRD-PARTY ADVERTISING
Sometimes we provide links in our apps or on the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Services or upgrade (such as in-app currency) in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.
We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
6. COPYRIGHT NOTICES/COMPLAINTS
It is Versa’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please review our Copyright Compliance Policy.
Versa reserves the right to terminate without notice any user’s access to any of the Services if that user is determined by Versa, in its sole discretion, to be a "repeat infringer." In addition, Versa accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
7.1 Disclaimer of Warranties
THE SERVICES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Versa is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VERSA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY VERSA OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Versa’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Service.
8. GENERAL PROVISIONS
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
8.3 Entire Agreement
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.