Konkurranseregler

1. OFFICIAL CONTEST RULES

J Square Studio SRL, commercially named VEX (hereafter referred to as “VEX”, “VEX Solution”, “J Square Studio”) welcomes you to VEX-Esports.com.

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.

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.

In order to participate and remain eligible to play in Contests and receive prizes, as a player (hereafter referred to as “Player”, “User”, “you”) and/or member of a team (hereafter referred to as “Team”) in any contest you are required to read, understand and approve the Official Game Rules, the Konkurranseregler and the Vilkår for bruk 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 Konkurranseregler 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.

If you have any questions about the rules, please contact us at

2. 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 one hundred eighty (180) 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;

3. CONTESTS

VEX provides a set of tools, online platform, software and hardware 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 and help users to join those Contests.

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 the Contest 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. 

Contest:
A Contest consists in an event in which Eligible Users/Teams compete for supremacy for the best scoring during a selected Contest Period on Participating Locations VEX Platforms.

Contest Organizer
The organiser of the Contest, including their business name, is indicated directly on the input screen for participation in the competition (hereinafter referred to as the “Organizer” or “Contest Organizer”).

Contest Period
The Contest period (hereinafter referred to as the “Contest Period”) is specified in the Contest Page, Contest iframe and on participating VEX platforms. The contest period includes the start & end dates and time.
Only the game play during the Contest Period will be taken into account.

Participating Locations

The Contest Organizer can select which participating Locations and VEX Platforms are participating (hereinafter referred to as the “Participating Locations”). The future and ongoing contest will be displayed on the attractions screens and on the Location online VEX Esports iframe of the participating Locations. 

VEX Account
In order to be able to play in a contest, you will first need to create a VEX Account on one of the registration tablets in the location of your choice. If you’re going to compete alone you’re all set but if you are going to play as a team you’ll need to create and register a team on a team registration tablet. Once registered on a tablet, you can print your user identification ticket directly from the tablets. You’ll have to scan your ticket before playing at the VEX Platform. Users are fully responsible to understand the Contests rules.

Teams

The Contest Organizer can select the Contest Game type as a Team Contest.
A player can only be on one team. The Team result will only be taken into account if all members are Eligible users and are participating in the same single play. If a player is a member of several teams, only the highest scoring team will be taken into consideration, all the other teams users will be considered as not eligible. The maximum team size accepted on the VEX Adventure platform is 4 players, and on the VEX Arena platform up to 10 players according to the Arena model (4, 6, 8 or ten players).

Contest Participation
Any Eligible User/Teams who plays the Contest Game during the Contest Period at a Participating Location will automatically enter the Contest. By entering an eligible play, an eligible user/team will automatically have its score register in the Contest system and leaderboard. An email with the play score, can automatically be sent to the eligible user(s) at the end of the game. Contest leader users/teams can be updated of position change through emails. The leaderboard will only display the top performing users/teams.
Make sure you scanned your user identification ticket (for solo Contest) or all the team member user tickets (for Teams Contest), at the attraction and play the game linked to the ongoing contest. To make sure you are playing the right game, look at the screens on the attraction or check out the information here. Once your game is over, the score will be added to the official leaderboard. Depending on your placement at the end of the contest’s period, you might win a prize!

Each user may only enter a specific Contest once. Multiple entries are prohibited. The Organiser reserves the right to exclude participants in the case of multiple entries in the competition in accordance with Section 2.

Participation Fee

Participating Locations may charge, at their sole discretion, a fee for gameplay on their VEX Platforms and Contest Participation. The fee amount may vary depending on the Locations and period. VEX may not be held liable for or reimburse any expenses or costs incurred by the user to participate in any Contest, including but not limited to any expenses or costs related to any technical malfunction, software or hardware issues, cancellation, user disqualification, or any other event that prevent you from participating to a Contest at the Participating Location.

Users Report Conflicting Results

If there is a discrepancy between any of the Contest Results reported between two or more Contest Entrants, We will use commercially reasonable efforts to determine the Verified Winner and award the Prize accordingly. We will use a proprietary process to determine the Verified Winner and Our judgment as to the Verified Winner will be considered the final judgment, therefore, VEX shall not be required to disclose how the Verified Winner is determined. VEX reserves the right to suspend, terminate or otherwise cancel the VEX Account of the Contest Entrant who submitted a report contrary to the Verified Winner as determined by VEX. Your only recourse is to terminate Your VEX Account and cease using the Services. In certain instances, We may not be able to determine a Verified Winner, at which time the Accepted Contest will automatically be deemed a Canceled Contest, as provided in Section.

Early termination of the competition

The Organiser reserves the right to cancel or terminate the competition at any time without prior notice and without the need to indicate the grounds. In particular, the Organiser may avail itself of this option should the proper conduct of the Contest not be assured owing to technical causes (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or legal reasons. The Organiser may demand that a participant pay compensation for any damages incurred if any such termination is caused by the conduct of a participant.

4. CONTESTS PRIZES

Contest provided by Contest Organizers may offer, at the sole discretion of the organizer, prizes for the winners. Those prizes may directly be offered by the Organizers or by Prize Sponsor (hereafter referred to as, “Prize Supplier”).

At the end of the Contest Period, the Contest Organizer should contact the selected winners and notify them of the prizes.

Eligibility Verification

VEX, Contest Organizer and Prize Supplier reserve the right to verify all user eligibility prior to declaring a winner and/or allocate the prize. Under no circumstances can statistics displayed during the contest (such as the leaderboard or other online postings) be considered a form of eligibility for a prize.

Forfeiture of the prize

Unless otherwise specified in these Terms and Conditions, the winner must claim their prize within two (2) weeks of notification by the Organiser, otherwise they will forfeit their prize. The claim to the prize likewise lapses if the prize cannot be distributed within two (2) weeks following initial notification of the prize on grounds for which the winner is at fault.

Prize variations

The item presented as the prize in the competition is not necessarily identical to the item won. There may be variations in terms of model, colour, etc. The Prize Supplier reserves the right to select a prize they consider to be of broadly equivalent value or nature.

Non-cash prizes 

Non-cash prizes (with the exception of cars and trips) will be sent to the mailing address to be provided by the winner by the Prize Supplier, or a third party commissioned by the Prize Supplier, by means of carrier, parcel service or post. The winner is responsible for any additional transportation costs and customs duties. The assumption of shipping costs notwithstanding, the place of performance remains the Price Sponsor’s registered office. The winner must also provide an alternative address in their immediate vicinity to which the prize can be delivered in their absence. The winner must bear the costs of another attempt at delivery.

Travel Prizes
In the case of travel prizes, they will be arranged between the winner and the respective Prize Supplier and/or a tour operator commissioned by such Prize Supplier. There is no entitlement to a specific travel date. The claim to a prize lapses if the trip is not taken on the date or during the period indicated in the Contest. The winner is subject to the travel conditions of the tour organiser upon confirmation of the trip. Unless otherwise stated in the competition or expressly agreed, travel to and from the starting point of the trip (airport, train station, etc.) is at the winner’s expense. The same applies to all personal costs incurred during the trip (minibar, telephone, etc.). The value of the trip in the promotional materials is based on the most expensive travel season and is thus subject to change according to seasonality and currency fluctuations depending on when the trip is made available and taken. The winner acknowledges this and agrees that compensation for any difference in value in any form is excluded.

Prize Supplier is furthermore not liable for the consequences of a legitimate change in the form of travel offered or legitimate cancellation by the tour operator. Payout of the value of the trip is not permitted.

Prize alternative
The winner can receive an equivalent replacement if it is not possible to distribute the prize or would only be possible under unreasonable circumstances. The winner can also receive an equivalent replacement if the original prize is no longer available as advertised (model change, seasonal goods, etc.). Under no circumstance will cash alternatives for non-cash prizes or prize substitutions be offered.

No Transfer
The right to the prize or prize substitution is not transferable.

As-Is

All Prizes are provided ​“AS IS” by the Prize Supplier. Other than as provided in this agreement, Prize Supplier makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose. The Organiser shall not be liable for insolvency on the part of a Prize Sponsor or the resulting consequences for conducting the competition.

Tax Report
Prize Supplier who provides a prize may report the value of the prize to federal and/or state taxing authorities.

Restricted Prizes and Sponsors:

In order to preserve VEX, VEX Sites, VEX Esports, VEX Services and our reputation, VEX,at its sole discretion, places restrictions on specific sponsor and prizes categories. The following Contest prizes and sponsor are not allowed on any VEX Contest:

• Any alcoholic beverages;
• Illegal drugs, or any regulated substances related;
• Adult entertainment, including pornography or prostitution;
• Any tobacco or vaping related product;
• Firearms/weapons (or the use of any of the foregoing);
• Gambling services and Gambling companies;
• Any activities that may appear unsafe or dangerous;
• Any illegal activities, service or product that violate any applicable law or regulation;
• Or any particular political agenda or message.

In addition, VEX can appoint certain sponsors as “Reserved” exclusively to VEX own Contest. Third-party Contest Organizers may not use any Reserved Sponsor.

VEX Liability
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 Prize Supplier 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.

5. USER CONDUCT

5.1. 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).

5.2. RULES OF USE

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.

5.3. 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.

6. 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.

7. 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.

8. 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.