FourPlay TERMS OF SERVICE
MrktStar, Inc. d/b/a Versus
Effective Date: May 22, 2026
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 18. PLEASE READ THEM CAREFULLY. BY USING THE SERVICE, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.
NO PURCHASE NECESSARY. YOU DO NOT NEED TO PURCHASE ANY ITEM OR PAY ANY FEE IN ORDER TO ACCESS AND/OR USE THE SERVICE OR TO PARTICIPATE IN ANY COMPETITION OFFERED THROUGH THE SERVICE.
These Terms of Service ("Terms") constitute a legally binding agreement between you and MrktStar, Inc., d/b/a Versus, a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of the FourPlay mobile application ("App") and all related features, services, content, and functionality (collectively, the "Service(s)").
By downloading, installing, creating an account, or otherwise accessing or using the Service, or by clicking accept when to agree to the Terms when this option is made available to you, you accept and agree to be bound by these Terms, our Privacy Policy, and all other rules (including, Competition Rules) and/or policies in place regarding your use of the Service, all of which are incorporated herein by reference. If you do not agree to these Terms, your sole remedy shall be to not use the Service.
We reserve the right to modify these Terms at any time, without prior notice, and any such changes will take effect when posted. We will notify you of material changes by posting the updated Terms within the App and updating the “Effective Date” above. It is your responsibility to periodically review these Terms to stay informed of any and all updates. Your continued use of the Service after such modifications constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Service.
Certain features, products, or services offered through or in connection with the Service (including Competitions and/or any future paid features) may be subject to additional terms and conditions ("Additional Terms"). If Additional Terms apply, we will make them available to you in connection with the applicable feature, product, or service. By using that feature, product, or service, you agree to the Additional Terms relating thereto. To the extent that any Additional Terms conflict with these Terms, the Additional Terms shall control with respect to that feature, product, or service.
The Service is intended for users who are at least 13 years of age. By using the Service, you represent and warrant that:
We reserve the right to request you to furnish us with proof of your identity, age and/or place of residence at any time and to terminate or suspend accounts where we reasonably believe the user does not meet the minimum age requirement. Notwithstanding of the above, you acknowledge and affirm that, in the United States, we are required to delete accounts of children under the age of 13 unless a parent or legal guardian provides verified consent, and any child’s data or account that is deleted as a result of the foregoing is permanent, irrecoverable, and cannot be restored notwithstanding that the child subsequently reaches the age of 13.
Employees (including, without limitation, part-time or temporary employees) of Company, its participating media and digital partners, their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies, and the immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, siblings (half and full) and the steps of each of the foregoing) (“Immediate Family Members”) of each of the above are not permitted to play in any public Competitions for prizes; provided, however, Employees and Immediate Family Members are permitted to play in the following contests: sponsored Private Competitions, Private Competitions for cash, or Private Competitions for prizes other than cash. A “Private Contest” is one that is not hosted by Company or any affiliate or partner of Company.
If, as determined in our sole discretion, an account is deemed to be in breach of any term within this section, any prizes won by use of that account will be forfeited. If we determine that you do not meet the eligibility requirements and/or otherwise in violation of any provision set forth herein, you will be deemed ineligible to use the Service and your account will be terminated.
To access certain features of the Service, you must create an account by providing your first name, last name, and mobile phone number. We reserve the right to request additional information as necessary in order to create and/or authenticate your account. Account creation and ongoing authentication are conducted through SMS-based two-factor verification. You may also be able to create or link your account through third-party authentication services (such as Apple ID, Google, or social networking platforms), subject to the terms and privacy policies of those services. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.
You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the account registration form. You represent and warrant that all account information you supply to us is complete and accurate and will be kept up to date. You are responsible for maintaining the accuracy of this information. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
You are responsible for maintaining the security of your account and for all activities that occur under your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account.
Each user may maintain only one account. Creating multiple accounts, sharing accounts with other individuals, or co-owning accounts is a violation of these Terms and may result in termination of all associated accounts and forfeiture of any accumulated points, scores, or prize eligibility.
The Service allows you to use your device camera to scan live sports broadcasts and streaming content (“Clips”) displayed on a television or other screen. The App processes visual data to identify the content being viewed and deliver interactive experiences, including questions, challenges, and predictions related to that content. You acknowledge that:
The Service presents interactive questions and challenges related to the content you scan. Points are awarded based on the accuracy and timing of your responses. Scoring methodologies, point values, and question availability are determined by us in our sole discretion and may change at any time without notice.
Use of the scanning feature is governed by an energy system that limits the number of scans available to you in a given period. Energy replenishes over time. The specific parameters of the energy system (including the number of scans, recharge rates, and any free scans for new events) are determined by us in our sole discretion and may change at any time.
The Service includes social features that allow you to invite friends, form teams, and compete on leaderboards. Your individual performance and your teammates’ performance contribute to your team score according to formulas we determine. By participating in team features, you acknowledge that:
The “Vibe Check” feature allows you to scan VOD (video on demand) content and participate in preference-based selections. Your responses are used to generate a "Vibe" profile and content recommendations based on the preferences of users with similar profiles. You acknowledge that recommendations are generated algorithmically and do not constitute endorsements.
The Service may display aggregated statistical insights derived from user activity, such as the percentage of users who predicted a particular outcome ("AI Pro Tips"). By using the Service, you consent to your responses being incorporated into these aggregated, de-identified statistics in accordance with the terms set forth in our Privacy Policy. Individual responses are not attributed to you by name in AI Pro Tips.
The Service may change from time to time in our sole discretion. We may stop (permanently or temporarily) providing the Service or any features within the Service. We also retain the right to create limits on your use of the Service at any time. We may modify, remove or refuse to distribute any content or competition (including, Competition Rules), suspend or terminate any user, and/or reclaim any username without liability to you. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. All changes shall be effective immediately unless otherwise stated. Any use of the Service after such changes have gone into effect shall be deemed to constitute your acceptance of and agreement to be bound by such changes. If you object to any such changes, your sole recourse is to cease accessing and/or using the Service.
The Service may allow you to earn virtual items, including points, scores, badges, rankings, energy units, and other in-app credits or rewards (collectively, "Virtual Items") for use within the Service. You acknowledge and agree that:
Virtual Items are licensed to you, not sold. Your license to Virtual Items is limited, revocable, non-exclusive, non-transferable, and subject to these Terms.
The Service may offer competitions ("Competitions") in which users compete for prizes based on their performance in answering questions and challenges. No purchase or payment is necessary to enter or win any Competition.
To be eligible to participate in Competitions for prizes, you must:
Minors may participate in Competitions but are not eligible to receive prizes unless a parent or legal guardian has provided verifiable consent and agrees to accept the prize on their behalf, where permitted by law.
We reserve the right, in our sole discretion, to determine the eligibility of each person participating in Competitions and/or other Services. The Service (including, but not limited to, Competitions) may not be used for any form of illicit gambling.
Each Competition may have specific rules regarding eligibility, entry, scoring, prize details, and winner selection ("Competition Rules"). Competition Rules will be made available within the App prior to the start of each Competition. In the event of a conflict between Competition Rules and these Terms, the Competition Rules shall control with respect to that Competition.
We reserve the right to cancel, suspend, modify, or void any Competition or individual Competition entry at any time in our sole discretion, including, without limitation, where:
In the event of cancellation, suspension, or voiding, we are not obligated to award any prizes for the affected Competition. Any decisions regarding Competition outcomes, scoring adjustments, or disqualifications are made by us in our sole discretion and are final and not subject to appeal.
Prizes are awarded as described in the applicable Competition Rules. We reserve the right to:
Winners who wish to redeem their winning prize(s) may do is in accordance with applicable Competition Rules and/or these Terms. Redemptions will be processed in accordance with the terms provided by our third-party payment processors, shipping providers, and fulfillment partners. Redemptions will be processed in accordance with the terms provided our third-party payment processors, shipping providers, and/or fulfillment partners and you understand that we are not liable for any delay relating to the redemption process and/or additional requirements that may be imposed for the purpose of claiming your redemption.
To submit a redemption request, your account must have a minimum prize balance of $5.00 (USD). Redemption requests submitted with an account balance below this threshold will not be processed and will be automatically declined. Balances that do not meet the minimum requirement will remain in your account until the threshold is reached. You acknowledge that no partial redemptions will be permitted by the Service.
WHERE PERMITTED BY LAW, BY ENTERING ANY COMPETITION, ALL ENTRANTS AND WINNERS CONSENT TO THE USE OF THEIR NAME, USERNAME, PROFILE PHOTOGRAPH, VOICE, LIKENESS, BIOGRAPHICAL INFORMATION, SCORES, AND PERFORMANCE DATA IN AND IN CONNECTION WITH THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, AND EXPLOITATION OF THE SERVICE, ANY COMPETITION, AND ANY PROMOTIONAL OR ADVERTISING MATERIALS, IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT ADDITIONAL COMPENSATION, NOTIFICATION, PERMISSION, OR APPROVAL, UNLESS PROHIBITED BY LAW. WINNERS AGREE THAT, FROM THE DATE OF NOTIFICATION OF THEIR STATUS AS A POTENTIAL WINNER, THEY WILL MAKE THEMSELVES REASONABLY AVAILABLE TO THE COMPANY FOR PUBLICITY, ADVERTISING, AND PROMOTIONAL ACTIVITIES.
Winners are solely responsible for all taxes, fees, and other charges associated with receipt of a prize. We may require winners to provide tax identification information (such as a Social Security Number or equivalent) and may issue tax reporting forms as required by law.
By entering into a Competition, you agree to indemnify, release, and hold harmless the Company and its parents, subsidiaries, affiliates, agents, officers, directors, employees, shareholders, and representatives (collectively, the "Released Parties") from any and all liability, claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property, which may be sustained in connection with your participation in the Competition, receipt or use of any prize, as well as any claims based on publicity rights, defamation, or invasion of privacy.
The Company is not responsible for any incorrect, invalid, or inaccurate entry information, human errors, technical malfunctions, failures of any network or system, omissions, interruptions, deletions, or defects of any third-party system, computer equipment, servers, providers, or software, including without limitation any injury or damage to any entrant's or any other person's device relating to or resulting from participation in a Competition.
The Service may allow you to post, upload, or submit content, including comments, profile photographs, usernames, and other materials (collectively, "User Content"). You acknowledge and agree that you are responsible for any User Content that you may create, post, share, transmit or otherwise make available via the Service. We will not be responsible in any way for any User Content uploaded or otherwise provided via the Service. You acknowledge that we may or may not pre-screen User Content, but that we have the right, but not the obligation, in our sole discretion to permanently remove, un-remove, and/or delete User Content. You agree that you shall bear all the risks associated with your use of any User Content and you further acknowledge that you bear the sole risk for reliance on any User Content made available on or through the Services.
By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and create derivative works from your User Content in connection with operating, promoting, and improving the Service, and in connection with our business operations, including marketing and advertising (“User Content License”). You confirm, represent, and warrant that you have all the rights, power, and authority necessary to grant the User Content License and that any User Content you submit or otherwise post on the App and/or via the Service is and shall be your own original work or work which you are authorized to supply. When you submit or post any User Content and you are the author of such User Content, you irrevocably and unconditionally waive all moral rights you may now or in the future have in any such User Content. Please note that User Content does not necessarily reflect the views of the Company, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from the use or appearance of User Content on the App or via the Service. You acknowledge your grant of the User Content License survives termination of your account.
You represent and warrant that:
You are solely responsible for your interactions with other users of the Service. We reserve the right, but are under no obligation, to monitor such interactions between you and other users of the Service. You acknowledge and expressly consent to the accessing, preserving, and disclosing of your account information and User Content if required to do so by law or upon our good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of the App, and its licensors, licensees, affiliates, staff, users, or the public.
We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason or no reason, including User Content that we determine violates these Terms or is otherwise objectionable. We are not responsible for any User Content posted by you or any other user.
Your User Content is posted on and transmitted to others at your own risk. No security measures are perfect or impenetrable. We cannot control the actions of other users of the Service with whom you may choose to share your User Content. We cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
We reserves the right to investigate and take appropriate legal action against anyone who violates these Terms, including without limitation, removing the offending user from accessing the Services (including, without limitation, any Competition), suspending or terminating the account of the offending user and/or reporting the offending user to law enforcement authorities. You agree not to:
The Service, including all software, algorithms, content recognition technology, designs, text, graphics, logos, icons, images, audio, video, data compilations, and all other content and materials provided through the Service (collectively, "Company Materials"), are the property of the Company or its licensors and are protected by United States and international intellectual property laws. All Company Materials are provided to you “AS IS” for your information and personal use only. While Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in any Company Materials provided through the Service.
The “FourPlay” name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without our prior written permission.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. This license does not include any right to modify, distribute, sell, lease, or create derivative works from the Service or any Company Materials, except as expressly provided by these Terms. No part of any Company Materials may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and agree that your use of the Services does not grant you any ownership to any material, content, or data that you may access by or through your use of the Services.
If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we may use and exploit such Feedback without restriction or compensation to you. For the avoidance of doubt, we shall be entitled to the unrestricted use and dissemination of Feedback submitted by you for any purpose, commercial or otherwise, without acknowledgement or compensation to you. Feedback may be used by Company or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast, Service promotion, marketing and posting. Furthermore, Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Company for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products/features/services using such information, without any additional compensation or other liability or obligation whatsoever to you.
The Service may display, include, or make available content from third parties, including links to third-party websites or services ("Third-Party Content"). Third-Party Content is not controlled by us, and we are not responsible for its accuracy, completeness, legality, or availability. Inclusion of Third-Party Content does not imply endorsement. Any reliance placed on Third-Party Content is strictly at your own risk.
Where the Service is accessed through or integrated within a third-party platform or partner application, your use of that platform is governed by its own terms and conditions. We are not responsible for the actions of any third-party platforms.
If you choose to log in, access, or connect to the Service through a social networking or authentication service, your use of that service is governed by its own terms and privacy policies. We are not responsible for the accuracy, availability, or reliability of any information, content, or services provided by such third-party services.
The Service may display advertisements from third-party advertisers. Your interactions with advertisers found on or through the Service are solely between you and the advertiser. We are not responsible for any loss or damage incurred as a result of any dealings with advertisers or as a result of the presence of advertisements in the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, we do not warrant that:
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING THE SERVICE YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
Scores, leaderboards, and Competition results are provided for entertainment purposes. We reserve the right to correct errors in scoring or results at any time.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID TO THE COMPANY, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES ARISING OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICE OR ANY OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You may terminate your account at any time by contacting us or through the account settings within the App.
We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to: violation of these Terms, suspected fraudulent or abusive activity, failure to meet eligibility requirements, extended period of inactivity, or for any other reason in our sole discretion.
Upon termination: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) your right to use the Service will immediately cease; (c) any accumulated Virtual Items, points, scores, or unredeemed prizes will be forfeited with no monetary compensation; and (d) we may delete your account data, subject to our data retention obligations described in our Privacy Policy.
The following sections survive termination of these Terms: Section 6 (Virtual Items and Points), Section 7 (Prizes and Competitions), Section 8 (User Content), Section 9 (Prohibited Conduct), Section 10 (Intellectual Property), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 18 (Arbitration), Section 19 (Governing Law), Section 20 (Limitation on Time to File Claims), and this Section 16.4.
We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending a written notice to our designated copyright agent at the address below. Your notice must include:
We reserve the right to remove content alleged to be infringing and to terminate the accounts of repeat infringers.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to your of use of the App, any Service, or these Terms ("Dispute") will be resolved exclusively through final and binding arbitration. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, any part of it, or of these Terms including, but not limited to, any claim that all or any part of this arbitration agreement or the Terms is void or voidable, or whether a claim is subject to arbitration. You agree that by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Section 18.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of any Dispute ("Notice") to the other party. A Notice sent to us should be addressed to the address set forth at the end of these Terms and must describe the nature and basis of the Dispute and set forth the specific relief sought. If we do not reach an agreement to resolve the Dispute within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding.
Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or its Consumer Arbitration Rules if you are an individual and use the Service for personal purposes). The arbitration will be conducted by a single arbitrator in Wilmington, Delaware, unless you and the Company agree otherwise. For claims of $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic or video hearing, or by an in-person hearing.
The prevailing party in any arbitration proceeding is entitled to recover all expenses of arbitration, including, without limitation, reasonable attorneys' fees, witness fees, administrative fees, and the arbitrator's fees and expenses. Payment of all such fees shall be governed by the applicable JAMS rules, subject to this provision.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. Your opt-out notice must include your name, mailing address, phone number associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, neither you nor the Company will be required to arbitrate, but all other provisions of these Terms will remain in effect.
This arbitration agreement does not preclude either party from seeking injunctive or other equitable relief in court for claims related to intellectual property infringement, data security breaches, or unauthorized access to the Service.
If any part of this Section 18 is found to be unenforceable, the remainder shall continue to apply. If the class action waiver in Section 18.5 is found to be unenforceable with respect to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in court while remaining claims proceed in arbitration.
These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms (including for claims not subject to arbitration), you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware.
ANY DISPUTE OR OTHER CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM SOUNDS IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
The Service may be subject to U.S. export controls and trade sanctions laws. You agree to comply with all applicable U.S. and foreign export laws and regulations. You may not use the Service if you are located in a country subject to a U.S. Government embargo or if you are on any U.S. Government list of prohibited or restricted parties.
These Terms, together with the Privacy Policy, any applicable Competition Rules, any applicable Additional Terms, and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Service.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any provision shall not be deemed a waiver of any other provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may freely assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.
The Company shall not be liable for any failure or delay in performing obligations under these Terms where such failure or delay is caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government actions, stoppage or postponement of sporting events, failures of telecommunications or internet infrastructure, or third-party data provider outages.
By using the Service and providing your phone number, you consent to receive electronic communications from us, including SMS messages, push notifications, and in-app messages. 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. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
You consent to receive marketing communications from us by way of SMS, push notification, email, or in-app messages, any of which you may unsubscribe from at any time by adjusting your account settings or by contacting us at the address below.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
If you have questions about these Terms, contact us at:
MrktStar, Inc. d/b/a Versus
584 Castro Street
San Francisco, CA 94114
Email: support@versusgame.com
For DMCA copyright notices, please send to:
Copyright Agent
MrktStar, Inc.
584 Castro Street
San Francisco, CA 94114
Email: support@versusgame.com