Nutzungsbedingungen

1. TERMS; ACCEPTANCE

J Square Studio SPRL, commercially named VEX (hereafter referred to as “VEX”, “VEX Solutions”, “J Square Studio”, “our”, “us” or “we”) welcomes you to VEX-Esports.com.These terms and conditions govern your access to, and use of, the website www.vex-esports.com and/or other websites (the “VEX Sites”) and any platforms, online products or services, mobile applications or services, hardware, software, features, content or any other property managed or operated by VEX or any of its affiliated or related companies (including, but not limited to any VEX Distributor, any VEX platform owner) (collectively, the “VEX Services”). These Terms and Conditions form an agreement between you and J Square Studio SPRL (“Terms & Conditions”).

VEX provides a set of tools, online platform, software and hardware (hereafter referred to as “VEX Esports”) to help VEX and third-party organizers (including, but not limited to any VEX Distributor, any VEX platform owner) create, manage and host Location-Based Virtual Reality video games contest (hereafter referred to as “Contest”, “VEX Contest”) and help users to join those Contests.

By using, accessing and/or visiting any VEX Sites or by accessing or using any of the VEX Services, you accept and agree to these Terms & Conditions. If you do not accept and agree to the Terms & Conditions, you should immediately stop using, accessing, and/or visiting the VEX Sites or the VEX Services.

Please also carefully read VEX’s Privacy Policy, located here. By agreeing to these Terms & Conditions, you also agree to and accept our Privacy Policy.

In addition to the Terms & Conditions and Privacy Policy, other and/or additional terms may apply in certain limited instances, such as when you register to access a certain product or a service, sign up for a promotion, opt-in to receive email, or download software. VEX will present such terms to you as you register, sign up, opt-in, or download.

2. MODIFICATIONS

We reserve the right to make changes or to impose new conditions, at any time to the VEX Sites, the VEX Services, these Terms & Conditions, our policies, and/or terms applicable to a service, registration, sign up, opt-in, prizing, rewards or download. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, by posting the new Terms & Conditions on the VEX Sites, or by electronic or conventional mail, or by any other means by which you obtain notice thereof before the changes take effect. Any use of the Services by you after such notice will be deemed to constitute your acceptance of such changes, modifications, additions or deletions.Please consult these Terms & Conditions regularly for any changes. The date of the last revision appears at the top of these Terms & Conditions. If any modification, change, addition or change to these terms and conditions is not acceptable to you, your only recourse is to terminate this Agreement and refrain from using and accessing the Services. VEX may at any time change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. ELIGIBILITY REQUIREMENTS

You must be a registered user to access certain services on the VEX Sites and certain VEX Services, including in order to play in online contests on the VEX Sites.

To create a user Account (hereafter referred to as “VEX Account”, “User Account” or “Account”), Log-In and/or to participate in any Contests or related Sites Services, you must qualify and agree to the conditions set forth below. The user is then considered as an “Eligible User”. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of this Agreement. Specifically, you agree that:

  • VEX Esports is intended solely for users who are of adult legal age of majority. Any registration by, use of or access to the related Sites and Services by anyone under 18 is unauthorized, unlicensed and in violation of these Terms & Conditions.
    • FOR NORTH AMERICAN RESIDENTS ONLY: Subject to any applicable restrictions and requirements, the VEX Esports are available to any individual 13 years of age and over. If you are at least 13 years old, but under 18, you and your parent or guardian should jointly review this Agreement and our Privacy Policy. Parents / guardians are jointly and individually responsible for all actions (including purchases and payments) and omissions by their minor children in connection with any use of the VEX Esports. In addition, some content of the VEX Services may be inappropriate for minors.
    • FOR ALL OTHER RESIDENTS: If you are under the age of eighteen (18) under local civil law, please ask your parents or legal guardian to read and agree to this Agreement on your behalf before proceeding to use the VEX Esports. If you (or your parent or guardian, if applicable) do not consent to this Agreement, please do not use the VEX Services. You represent and warrant that you are a “natural person” over the age of eighteen (18), or of legal age under applicable local civil law, or whose parent or guardian has accepted and consented to this Contract.
  • You agree to and will abide by all of the Terms and Conditions of this Agreement and you will comply with the game related age restrictions and/or guidelines in the country in which you reside. We expressly reserve the right to request proof of age, at any time;
  • All information that you provide in your registration form for the purposes of establishing your VEX Account is true and correct and you will promptly notify us of any changes to such information;
  • You acknowledge that in establishing your VEX Account you have provided us with certain personal information about You. While we normally keep this information confidential, you agree that it may be necessary, from time to time, for us to disclose certain personal information to third parties and you consent to all such disclosures. Please see our Privacy Policy for further information.
  • When you register and activate your VEX Account, you will need to provide, and you authorise us to collect and use on the VEX platform, a username and password. You are responsible for keeping your username password secure and acknowledge that you are responsible for all use and activity carried out in relation to your VEX Account under this username.
  • In offering or providing certain VEX Services to you, we may also require you to provide additional personal information. For example, in order to claim certain prizes, you may need to provide details of your mobile phone number for verification purposes or your street address (for example, if you win a physical prize that needs to be delivered to you).
  • When you use or access your VEX Account on the VEX Sites or through a VEX Service, you agree that VEX may collect and store data from your device or computer including information such as your IP address, device ID and information about your use of the VEX Sites and VEX Services. This may include details of your use of the VEX Sites, your gameplay on the VEX Sites, your use of the chat facilities, interactions with our system and statistical data about your performance in games and contests. VEX may collect, use, store, transmit and publicly display any of this statistical data which relates to your game play, which may include your scores, rankings on leaderboards and achievements.
    We will handle all personal information we collect in accordance with our Privacy Policy. https://vex-esports.com/privacy-policy/
  • Your VEX Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your VEX Account, password, Log-In or User ID to access or use the VEX Sites to arrange, enter, and/or participate in VEX Contests, or for any other purposes. Nor shall you reveal to any person Your means of payment to access or use the Site, to arrange, enter, and/or participate in VEX. We take no responsibility for any third party access to your VEX Account;
  • You have verified and determined that your use of the VEX Sites and VEX Services does not violate any law or regulation in any jurisdiction that applies to You. It is your sole responsibility to ensure that this is the case;
  • You fully understand the methods, rules and procedures of the VEX Sites and VEX Services, and your use of the VEX Sites and VEX Services will always comply fully with this Agreement, the Privacy Policy, the Official Game Rules and the Contest Rules;
  • You are fully aware that there is a risk of losing money by using the Sites to arrange, enter, and/or participate in Contest and that you are solely responsible for any such loss;
  • Your VEX Account is for your personal use only and it will not be used by you for commercial purposes or in the course of any trade or business;
  • You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms;
  • You are physically located in a U.S. state or a jurisdiction located outside the U.S. in which participation in the Contests is not prohibited by the law of that State or jurisdiction. Participation in fee-based Contests for prizes is prohibited in the following states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that Your participation in Contests from an unlisted state or jurisdiction is legal under any applicable laws or regulations.
  • You understand that VEX may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Sites Services and/or Contest are illegal or restricted;
  • If your total Prizes from a Contest in any given year reach $600.00 (EU €492.78) and your participation occurred from within the U.S. VEX will request that you submit your social security number, and such other information as VEX, in its sole discretion, may require in order to send you a Form 1099 in compliance with the U.S. federal income tax reporting requirements. Failure to provide your social security number and other requested information at that time may result in termination of your VEX Account and VEX Sites privileges by VEX and VEX’s inability to distribute any winnings to you in excess of $600.00 (EU €492.78).
  • You will not mask your identity in any way, including without limitation, IP masking by accessing the Sites Services over any type of Proxy Server, through IP masking software or the like; and
  • You understand that We have no ability to control the outcomes of your Contests, and We only provide the Sites as a facility to match Challenge Entrants and award the Prize.


Notwithstanding Section 3, the following persons are ineligible to enter and/or participate in any Contest through use of the VEX Sites, or to receive any Contest Prize arranged or established through use of the VEX Sites or VEX Services:

  • Except with respect to arranging, entering, establishing and/or participating in any Contest for demonstration purposes, owners, managers, staff, employees, immediate family of employees, agents, and contractors of VEX, VEX Distributors or any VEX platform owner (including, but not limited to its parent companies, subsidiaries and affiliates), and those of any other manufacturer or developer of the games or equipment used for the Contests arranged or established through use of the VEX Sites (i.e., any person with access to non-public information regarding the operation of any Contest arranged or established through use of the VEX Sites);
  • Previous prize winners (including anyone from the winner’s household) who have won a prize in the preceding ninety (90) day period prior to the commencement of another contest.
  • Any user who provides false information about their identity or makes multiple entries in the competition is likewise excluded.
  • Any user who breaches this Agreement, these Terms of Use, the Contest Rules, the Official Games;
  • Participation in fee-based Contests for prizes is prohibited in the following U.S. states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that your participation in Skill Challenges from an unlisted state is legal under any applicable laws or regulations;

VEX reserves the right, at its sole discretion,to consider a user Eligible or not. Eligibility is not guaranteed and may be revoked at any time. VEX and/or Contest Organiser reserves the right to exclude persons from the competition and not to pay out prizes, or to subsequently forfeit and reclaim them, in the event of a violation of these Terms and Conditions;

4. RULES RELATED TO VEX ACCOUNT NAMES: 

When you create a VEX Account, you will have to create a username. Your username may be visible to other users. When you choose an Account name, or display name or otherwise create a label or image that can be seen by other users of the Services, including, without limitation, usernames (each a “User Identifier”), you must abide by the following guidelines as well as the rules of common decency. If VEX finds a User Identifier for any type of account, including, without limitation, an individual user account or a Contest organizer account, to be offensive or improper, or believes a User Identifier is or may be illegal, it may, in its sole and absolute discretion, refuse to grant you the User Identifier, change the User Identifier, remove the User Identifier, and/or suspend or terminate your VEX Account. In particular, you may not use any User Identifier:

 

  • Belonging to another individual or entity with the intent to impersonate that individual or entity, whether actual or fictitious, including, without limitation,, impersonating any VEX agent or employee or any other VEX community user;
  • That incorporates vulgar language or imagery or which is otherwise offensive, defamatory, libelous, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • That is subject to the rights of any other person or entity without written authorization from that person or entity;
  • That belongs to a popular culture figure, celebrity or media personality;
  • That is, contains, or is substantially similar to a trademark or service mark, whether registered or not, or may otherwise cause confusion;
  • Belonging to any religious figure or deity;
  • Related to drugs, sex, alcohol, or criminal activity;
  • Comprised of partial or complete sentences (e.g., “trollu4fun”);
  • Comprised of gibberish (e.g., “fdsjmfidszx”);
  • Uses any characters except for the following: numbers and letters, period (.), underscore (_), or dash (-) and space; or
  • Is substantially similar to, or otherwise contains or duplicates any copyrighted work or component of a copyrighted work (including, without limitation, comics, anime, movies or other video games, and any characters appearing in any of the foregoing).

 

5. RULES OF USE

Subject to these Terms & Conditions, VEX grants you a limited non-exclusive license to access and use the VEX Sites and the VEX Services for your personal, non-commercial, non-transferable use.

Except as otherwise provided in these Terms & Conditions, the content of the VEX Sites and VEX Services are owned by or licensed to VEX, and protected by various intellectual property and other laws. VEX and/or its licensees own and reserve all other rights, including all right, title, and interest in the VEX Sites and VEX Services and any associated intellectual property rights.

You are granted a limited, revocable, non-exclusive and non-transferable right to create a hyperlink to the home page of>https://www.vex-esports.com so long as the link does not portray VEX or in a false, misleading, derogatory, or otherwise offensive matter.

Consequently, unless required and permitted by law, without our express written consent, you may not download (other than through page caching) or modify a VEX Sites or the VEX Services or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the VEX Sites or VEX Services or any portion thereof.

You agree that you must not use the VEX Services or VEX Sites in any country in which VEX is prohibited from offering such services under the laws of that country and you acknowledge and agree that it is your responsibility to ensure that your use of the VEX Services is not in breach of any laws applicable to your use, including the laws of the country in which you reside.

By entering into this Agreement, by accessing or using any of the VEX Sites or VEX Services, you acknowledge and agree that you WILL NOT:

  • Violate any applicable law, regulation, or contract or use the VEX Sites, VEX Services or Materials for any unlawful purpose;
  • Access the Services to participate in a tournament that violates any law where you reside or that you are subject to;
  • Use any meta-tags or any other “hidden text” utilising VEX or VEX’s name or trade marks to reference the VEX Sites or VEX Services without our express written consent;
  • Use disguised referrals to link to any VEX Sites;
  • Reverse engineer, manipulate, attempt to extract or otherwise use any source code or other data from any of the VEX Services or VEX Sites, unless expressly authorised in writing by VEX or permitted by law;
  • Interfere with or disrupt any VEX Services or VEX Sites or any server or network which is used to host, support or provide a VEX Service or VEX Sites;
  • Create, use and/or distribute any program, software or modification that may cause damage to, or interfere with, or otherwise disrupt a VEX Service or a VEX Sites, including but not limited to, any hacking or cracking of a VEX Service or VEX Sites, uploading any computer viruses, worms, Trojans, spyware or any other corrupted files or software which may cause damage to a VEX Sites or a VEX Service;
  • Interfere with any other VEX user’s use of the VEX Services or VEX Sites, including any game play in any VEX Contests or matches. This includes, without limitation, using vulgar, harassing or abusive language or spamming or flooding the chat or dialogue services;
  • Impersonate another person or imply that you are a representative or employee of VEX or otherwise authorised or associated to speak on behalf of VEX;
  • Make any attempt to collect, phish or otherwise obtain secure VEX Account information of other users, including personal information, account information, payment details or passwords;
  • Use or distribute to others any software programs, tools or modifications which would be considered to be game hacking, cheat or exploitation software or modifications or which is intended to provide an unauthorised and unfair advantage to a player;
  • Exploit the VEX Services, VEX Sites or any content appearing therein for commercial purposes without our prior consent;
  • Use any technique other than pure skill during a Contest. Such techniques may include, but are not limited to, establishing multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another User or Account, or deliberately losing games for the purpose of getting a competitive advantage;
  • Use any forms of collusion. Collusion occurs when two or more Users attempt to gain an unfair advantage by sharing knowledge of the Contests or other information to other Users’ disadvantage;
  • Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
  • Make or publish any comments, content or posts which are in breach of these Terms & Conditions (including the obligations as set out at section 6 below);
  • Engage in any conduct that injures or may injure the business, reputation or goodwill of VEX or any of its affiliated or related companies;
  • Use the VEX Sites or VEX Services for gambling, or to otherwise participate in games of chance; should you learn that any user is soliciting participation in gambling, you will immediately notify VEX in writing;
  • Infringe or encroach upon VEX’s or any third party’s personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets;
  • Offer cash prizes where it is prohibited by law;
  • Make any false, misleading, or inaccurate statements;
  • Commit any actions considered to be unethical;
  • License, create derivative works from, any information, content obtained from the VEX Services;
  • Access or attempt to access parts of the Services for which you are not authorized by VEX, circumvent or attempt to circumvent any security or password protection on or in the Services, access the Services by any means other than through the interface that is provided and authorized by VEX;
  • Modify any software for the Services in any manner or form, nor use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the Services;
  • Use the Services to harm minors in any way;
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
  • Remove any copyright, trademark or other proprietary rights notices contained on or in the Services;
  • “Frame” or “mirror” any part of the Services;
  • Stalk or otherwise harass another; or;
  • Harvest or collect information about Services visitors, users or Account holders without their express consent.
  • Behave in an unsportsmanlike behavior. All participants shall abstain, at all times, from poor, undesirable, or negative behaviour towards anybody involved with the VEX Services in any way.
  • authorise or allow any other person to do any of the above, or to use the VEX Sites or VEX Service on your behalf or in your name.

VEX reserves the right at any time to amend or publish additional rules that apply to your access to and use of the VEX Sites and VEX Services.

6. BREACH SANCTIONS

If you, or someone using your VEX Account is in breach of these Terms & Conditions, VEX reserves the right to take various action against you including: issuing you a warning, suspending your VEX Account, limiting or revoking your use and access to certain or all VEX Sites, VEX Esports, VEX Contests and VEX Services or otherwise, terminating this limited licence and your VEX Account in accordance with section 14.

We will use commercially reasonable efforts to investigate complaints registered against Users suspected of Terms & Conditions breach. You agree to fully cooperate with any VEX investigation. If VEX is informed during play about suspected behavior, it may, in its sole discretion, terminate suspected Users’ access to the Service and/or block their Accounts. However, under no circumstances shall VEX be liable for any loss, whatsoever, sustained by you as a result of the breach, or otherwise unlawful activity of any person using the VEX Service and no user shall have the right to require VEX to take any other steps against Users suspected of breach, cheating or any other form of fraud.

If you become aware or find that another VEX user is acting or using the VEX Sites and/or VEX Services in breach of any of these Terms & Conditions, please report this activity to VEX by sending an email to , or otherwise contact the VEX Support Services.

 

7. USER CONTENT

VEX may give visitors to the VEX Sites and users of the VEX Services the option of posting VEX product reviews or making various other posts, opinions and comments on specific sections of the VEX Sites (“User Content”). User Content also includes any user created persona’s, forum posts, profile content, text posts, chat posts, messages, links, emails and any music, sounds, graphics, pictures, video and any other audio or visual material which a VEX Account user posts or publishes on any section of the VEX Sites.

In order to publish or post User Content on one of the VEX Sites, you may have to provide personal information (a term defined in the Privacy Policy) in relation to your VEX Account. For example, your username and profile picture may be attached to any User Content which you post on VEX Sites. You authorise us to use your username and/or profile picture on the VEX Sites or in relation to any marketing or promotional material where reasonable to do so, for example, in announcements of a prize or Contests which you may have won.

You retain ownership of your User Content and you remain responsible for your User Content. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You represent and warrant that you own or otherwise control all of the rights to, and/or have a right to post, the User Content that you submit and/or post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms & Conditions or any law and will not cause injury or damage to any person or entity; and that you will indemnify VEX for all claims resulting from content you post, publish or submit to the maximum extent permitted by applicable law.

You must not post, publish or submit any User Content which is illegal, harassing, obscene, offensive, racist, sexist, sexually explicit, hateful, threatening, defamatory, libellous, indecent, invasive of the privacy rights of another VEX user or any other third party, infringing any third party’s intellectual property rights or right of publicity, or otherwise injurious to third parties, including any other VEX user, or objectionable to VEX in its sole discretion. You agree that the User Content you post shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”

VEX takes no responsibility and assumes no liability for any User Content posted by you or any third party. VEX may, in its sole discretion, monitor, remove, disable, review or edit such User Content you or others post or submit, including if VEX reasonably believes that the User Content is in breach of these Terms & Conditions or the law, but is not obliged to do so and VEX assumes no responsibility or liability for removing or failing to remove any User Content. If we allow you to post any User Content to the VEX Sites, we have the right to take down this content at our sole discretion and without notice; however, VEX does not screen or monitor all User Content nor does VEX endorse, authorise or approve any User Content posted on VEX Sites.

By posting, you grant VEX a non-exclusive, royalty-free, perpetual (surviving the termination of these Terms and Conditions), transferable, irrevocable, and fully sub-licensable worldwide right and license to use, host, reproduce, store, modify, adapt, publish, translate, create derivative works from, distribute, publicly display or otherwise communicate any such User Content throughout the world in any media which VEX selects in its sole discretion, without any further notice, attribution or compensation to you. You grant to VEX, a licence and right in our sole discretion to use the name that you submit in connection with such User Content, but VEX shall at all times use the name and User Content in accordance with our Privacy Policy.

When you visit VEX Sites or send emails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the VEX Sites. 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.

8. PUBLICITY

We operate official pages on social media platforms (including, without limitation, Facebook, Instagram and Twitter) in relation to the Services (collectively, the “Social Media Pages”). You accept that the Social Media Pages may feature certain of your personally identifiable information (“Publicity Content”). You further acknowledge and agree that we have no responsibility for posts made by third parties on Social Media Pages. You hereby grant us an exclusive, worldwide, irrevocable, sub-licensable, transferable license to edit, distribute and exploit the Publicity Content in all media, including, without limitation, print, television and internet, which media may be used in more than one country. You hereby waive all “moral rights” in any Publicity Content featuring you and give to us all the consents that we need to exploit these items in any media without limitation so far as possible in perpetuity.

9. CONTESTS AND PRIZING

In addition to organizing its own Contests, VEX helps third-party organizers create and manage competitions for Location-Based Virtual Reality video game Contests and help gamers to join those Contests. Each Contest is different because it is subject to the parameters set by VEX or the organizer through the VEX Sites, including, without limitation, interactions and rankings among event attendees, ponderation, games, time/dates, communications and the awarding of prizes, if any.

By using the VEX Services, you agree to these additional parameters and agree to receive communications from the organizer subject to applicable laws. Further, any communications from organizers, including, without limitation, any representations, content or links supplied or promises of prizes or rewards, are made solely by the organizers. 

In order to participate and remain eligible to play in Contests and receive prizes, as a player and/or member of a team in any contest you are required to read, understand and approve the Official Game Rules, the Contest Rules and the Terms of Use and all applicable laws and regulations. We may terminate your right, Contests eligibility, prizes eligibility and licence to access the VEX Services, VEX Sites and/or your VEX Account if you violate or breach the Official Game Rules, the Contest Rules or the Terms of Use, or if there is an illegal, fraudulent or improper use of your VEX Account. These Official Rules also contain limitations on liability, a waiver of bringing claims in a class format, and other legally binding contract terms.

VEX is not responsible for monitoring organizers’ communications or administering any prizes or rewards. Even if we provide any assistance in the administering of prizes or rewards, the Contest organizer still remains responsible for the determination of eligibility and the distribution of any prizes or rewards. 

VEX is not responsible for inaccurate prize details supplied to any participant by any third-party connected with a VEX Contest or a Third-Party Contest. VEX cannot guarantee that any Contest organizer who hosts an event through the VEX Services will distribute advertised or promised prizes or rewards. You participate in the Services at your own risk and agree that VEX is not responsible for any Contest prizes offered by third-party Contest organizers.

VEX reserves the right, at its sole discretion,to consider a user not Eligible for a Contest or a Prize. The prizes are not transferable. Prizes are subject to availability.

VEX reserves the right to cancel or amend any Contest, VEX Contests or third-party Contests held on the VEX Sites and Services for any reason and at any time at its sole discretion.

10. SUPPORT

VEX provides customer support services (“Support Services”) in accordance with these Terms & Conditions via . VEX will use commercially reasonable efforts to provide the Support Services in a professional manner, but cannot guarantee that every question or problem raised by you can or will be resolved.

VEX cannot guarantee that your use of the VEX Sites and VEX Services will be uninterrupted. You agree not to hold VEX liable for any interruption of service of the Services.

11. INTELLECTUAL PROPERTY

  1. COPYRIGHT
    All content included on the VEX Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of VEX and/or its licensees and protected by international copyright laws and other laws and regulations. All software and other materials available for download from the VEX Sites are, unless otherwise stated, the property of VEX and protected by international copyright laws.
  2. TRADEMARKS
    “VEX”, the VEX Logo, the names of VEX products, and other graphics, logos, page headers, button icons, scripts, and service names may be trade marks, registered trademarks, or trade dress of VEX. You may not use the foregoing in any manner that disparages or discredits VEX or is likely to cause confusion among customers. You may not use VEX’s trade marks and/or trade dress in connection with any product or service without our express written consent.
  3. USER FEEDBACK AND UNSOLICITED IDEAS
    If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at . Any feedback you provide is deemed to be non-confidential and non-proprietary. VEX shall be free to use such information on an unrestricted basis. Outside of the above-mentioned feedback avenue, VEX does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collateral, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an “Unsolicited Idea”). Kindly refrain from sending any Unsolicited Ideas in any form to VEX or its employees.
    This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of VEX’s products, services or activities to an Unsolicited Idea. If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) VEX owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) VEX has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless VEX from all liabilities, damages, losses, costs and expenses arising from VEX’s use of the Unsolicited Idea.
  4. THIRD PARTY IP RIGHTS
    VEX respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the VEX Sites without your authorization and you wish to claim copyright infringement, then you should provide the following information to us:

    1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
    2. identification of the copyrighted work claimed to have been infringed.
    3. identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit VEX to locate the material.
    4. information reasonably sufficient to permit VEX to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
    5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  5. Upon receipt of the above information, VEX shall, in its sole discretion, determine whether to remove the work from the VEX Sites or take such other action as we deem fit.

 

12. LEGAL COMPLIANCE

You are subject to, and are solely responsible for obeying all laws of the state, province and/or country in which You reside and from which You access the Sites, Log-In to the Sites or participate in any Contest. You agree to only participate in the Contests only after You have determined in good-faith that You are in compliance with state, local and other governing laws and regulations.

  1. Participation within the United States of America (U.S.)
    Participation in fee-based Contests for prizes is prohibited in the following U.S. states, without limitation: Arizona. The foregoing list shall not be construed to imply or suggest that Your participation in Contests from an unlisted state is legal under any applicable laws or regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
  2. Participation outside the U.S.
    Participation in fee-based Contests for prizes may be prohibited in Your jurisdiction and it is Your sole responsibility to ensure compliance with such laws. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

You agree to hold Us harmless from any liability such that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in any Contest or contests arranged and established through the Sites or otherwise. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any Contest facilitated nor shall any person affiliated, or claiming affiliation with Us, have authority to make such representations or warranties.

13. DISCLAIMER OF WARRANTIES

 

THE VEX SITES, THE MATERIALS AND THE VEX VEX SERVICES, AND ANY PRODUCT OR SERVICE CONTAINED THROUGH ANY OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEX DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. VEX MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE VEX SITES, AND/OR THE VEX SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE VEX SITES AND THE VEX SERVICES IS AT YOUR SOLE RISK. VEX DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE VEX SITES AND/OR THE VEX SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE VEX SITES OR THE VEX SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE VEX SITES OR THE VEX SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

VEX IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE VEX SITES OR VEX SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PRIZES OFFERED BY CONTEST ORGANIZERS, AND ANY CONTENT THAT IS UNAUTHORIZED OR VIOLATES THE AGREEMENT, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF VEX. UNDER NO CIRCUMSTANCES SHALL VEX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE VEX SITES OR VEX SERVICES, FROM ANY CONTENT POSTED ON THE VEX SITES (WHETHER SUCH CONTENT VIOLATES THE TERMS OF SERVICE, PRIVACY POLICY, OR NOT), FROM ANY SERVICE OFFERED THROUGH THE VEX SITES OR THE VEX SERVICES OR FROM THE CONDUCT OF ANY USER OF THE VEX SITES OR ANY USER OF ANY LINKED VEX SITES (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TERMS OF SERVICE OR PRIVACY POLICY, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE). VEX ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE VEX SERVICES OR ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE VEX SITES. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE VEX SITES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE VEX SITES AND VEX SERVICES.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEX DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT VEX SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.

 

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEX, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND OTHER BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE VEX SITES AND/OR THE VEX SERVICES, EVEN IF VEX AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VEX IS NOT LIABLE FOR ANY INTERRUPTION OF SERVICE OF THE CLIENT GAMES. VEX AND/OR THE RELATED PARTIES ARE NOT LIABLE FOR ANY ACTIONS OF CONTEST ORGANIZERS OR THEIR FAILURE TO DISTRIBUTE PRIZES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF VEX OR ANY OF THE RELATED PARTIES, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE AND $100 USD.

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of VEX and its affiliates shall be limited to the fullest extent permitted by law.

 

15. TERMINATION

  1. BINDING AGREEMENT
    These Terms & Conditions form a binding agreement between you and VEX. This agreement remains in effect unless terminated by VEX or you.
  2. TERMINATION FOR BREACH
    VEX may terminate your right and licence to access the VEX Services, VEX Sites and/or your VEX Account if you violate or breach the Terms & Conditions or if there is an illegal, fraudulent or improper use of your VEX Account or for any other reason, including VEX’s discontinuance of the VEX Sites.
  3. NOTICE
    Where practical, VEX will use reasonable efforts in the circumstances to notify you of the termination of your VEX Account or any of the VEX Services or VEX Sites (or any part of the VEX Services or VEX Sites).
  4. YOUR RIGHT TO TERMINATE
    If you wish to terminate or cancel your VEX Account, you may do so by sending an email to
  5. CONSEQUENCES OF TERMINATION
    If your VEX Account is terminated (by you or by VEX), you will not have access to your VEX Account or any rewards or prizes which you may have accumulated through your use of your VEX Account and the VEX Sites. You may also lose your username and in circumstances where your VEX Account has been terminated for a breach or violation of these Terms & Conditions, you may be banned from accessing or using the VEX Services or VEX Sites in the future. Upon the termination of your VEX Account, all licences provided to you by VEX under these Terms & Conditions shall also be terminated.
  6. TERMINATION OF A VEX SERVICE
    In some circumstances, VEX may terminate any VEX Service, or any part of a VEX Service at any time. If VEX terminates such a service, VEX will notify you via email or otherwise on the VEX Sites that the affected VEX Service will be terminated. If a VEX Service (or a part of a VEX Service) is terminated, there will be no further updates in relation to the relevant VEX Service and VEX does not guarantee that any associated or related games or services will continue to be available or continue to operate in the same manner.
  7. SURVIVAL
    In the event of termination, provisions relating to prohibited conduct, electronic communications, use of user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.

16. MISCELLANEOUS

  1. GOVERNING LAW
    The Agreement and any claims relating to its subject matter, without regard to principles of conflict of laws, shall be governed by and construed under the laws of Belgium, without reference to its conflicts of law principles. All disputes will be subject to the exclusive jurisdiction of the courts located in Brabant Walloon. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. No party shall make a motion to dismiss or transfer any case filed in accordance with this subsection on the basis of improper venue, personal jurisdiction, or of the convenience of any party or witness.
  2. WAIVER OF CLASS-WIDE PROCEEDINGS
    You agree that, by entering into these Terms of Use, you and we are each waiving the right to participate in a class action or class arbitration. Each party to these Terms of Use agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any Claim will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the prohibition on class arbitration in this subsection is not or cannot be enforced, then the agreement to arbitrate will not apply.
  3. DISPUTES
    Any dispute relating in any way to your visit to the VEX Sites, use of the VEX Services or otherwise relating to your VEX Account, will be finally settled by binding arbitration under the jurisdiction of the courts located in Brabant Walloon, Belgium (“Rules”) (which Rules are deemed to be incorporated by reference into these Terms and Conditions) by one arbitrator, appointed in accordance with the Rules, the arbitration will take place in Belgium and the language of the arbitration will be French, except that, to the extent you have acted in any manner or refrained from acting in a manner that, in VEX’s sole opinion, infringes VEX’s rights, such as where you have violated or threatened to violate VEX’s intellectual property rights or which has, or is likely to, affect adversely, VEX, the VEX Services or the VEX Sites or the rights of a third party. VEX shall have the right to seek injunctive or other appropriate relief in the courts of the Kingdom of Belgium, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
  4. ENTIRE AGREEMENT
    These Terms & Conditions and other legal notices published by VEX on the VEX Sites applicable to an activity you engage in shall constitute the entire agreement between you and VEX concerning the VEX Sites and VEX Services.
  5. SEVERABILITY
    If any of the provisions of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions, which shall continue in full force and effect.
  6. WAIVER
    No waiver shall be deemed a further or continuing waiver, and VEX’s failure to assert any right under these Terms & Conditions shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the VEX Sites must commence within one (1) year after the cause of action arises, and otherwise, the maximum extent permitted by the relevant laws, is permanently barred.
  7. OBLIGATION DISCLAIMER
    VEX has no obligation to check whether users are using the VEX Sites and VEX Services in accordance with this Agreement or any other agreement.
    Under no circumstances shall VEX be obligated to investigate or pursue any complaints made by a user against any other user using the VEX Sites or  VEX Services or to take any other action in connection therewith, or take any action against a user for any reason, including without limitation, for violating the terms of this Agreement. VEX may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful activity or otherwise violating the terms of this Agreement, but is under no obligation to do so.
    You will not be entitled to a refund from the Company for any sums you believe to be owed to you as a result of any other user’s misconduct, unlawful behavior or otherwise, whether or not the Company pursues any action against such user. It is Your sole responsibility to resolve such issues without involving VEX.
  8. ASSIGNMENT
    You may not, or seek to, assign or transfer your rights and/or obligations in respect of these Terms & Conditions, but VEX may assign the Terms & Conditions without restriction.
  9. INDEMNIFICATION
    You agree to indemnify, hold harmless and defend VEX and its affiliates, licensors, suppliers, advertisers, network service providers, and business partners and their respective directors, officers, employees, consultants, agents and other representatives, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, losses, costs and expenses (including, without limitation, attorneys’ fees and other dispute resolution expenses) incurred by VEX, directly or indirectly, arising out of or relating to your (a) violation or breach of any term of these Rules, Terms of Use or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information, (b) use or misuse of the Services, (c) any allegation that any user content or other materials you submit to us or transmit to, through or in the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party, and/or (d) termination of your access to the Services.
  10. LINKS TO THIRD PARTY WEBSITES
    The VEX Sites may contain links to third-party websites. You acknowledge and agree that VEX does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by VEX of the third-party websites. If you access such websites via the links, you do so at your own risk.
  11. RIGHTS OF THIRD PARTIES
    A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act to rely upon or enforce any term of these Terms and Conditions.
  12. NO AGENCY
    No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
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