Terms of Service
Last updated on December 4, 2019
- Rules and restrictions
- Virtual Items
- Intellectual Property Rights
- Disclaimer of Warranties
- Limitation of liability
- Governing law
- Updates to these Terms
- Contact information
We are SUPER VERSUS INC. ("Super Versus", "we", or "us"), a corporation based in, incorporated and registered in Ontario, Canada. These Terms of Service apply to the use of "Super Services" which refers to any websites, games, applications, software or any other products or services developed or operated by us.
2. Rules and restrictions
Your use of the Super Services is for you alone, so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else. We give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable license to display, view, download, install, play and use the Super Services on authorised devices/platforms. If any of them require a user account then you are responsible for keeping them safe. There are some rules for you to follow when using Super Services. Breaking these rules could result in suspension or cancellation (temporary or permanent) of your access to the Super Services. These are the main rules - you must NOT:
- use Super Services for any commercial purposes without our permission
- attempt to copy, rent, steal, sell, lend, lease, sublicense, distribute, publish or publicly display the Super Services
- modify, merge, distribute, translate, reverse engineer, decompile or attempt to obtain or use source code of the Super Services unless you are specifically allowed by applicable law
- hack, harm, grief, harass, threaten, interrupt, interfere with or misuse the Super Services, accounts, network software and services or Super’s other users, community members or staff.
- create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interact with or affect the Super Services in any way.
- post any commercial advertisement, promotion, spam or unsolicited messages through the Super Services.
- use Super Versus, the names of any Super Services or other Super Versus names or logos or trademarks for any commercial purpose without our permission
- do anything in connection with the Super Services that infringes any copyright, trade mark, patent, trade secret, privacy, publicity, or other right of others.
- do or say anything unlawful, racist, harassing, threatening, abusive, hateful, xenophobic, sexist, discriminatory, abusive, defamatory, obscene, invasive of the privacy of another person or otherwise offensive. This includes in any chat or other communications with users. Super Versus reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason.
You agree and acknowledge that all title, ownership rights, and intellectual property rights connected with Super Services and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into Super Services, and any related documentation) are owned by Super Versus or its licensors.
4. Virtual Items
You may be able to buy and/or otherwise obtain things like cosmetics or in-game enhancements referred to as Virtual Items. Virtual Items are digital items only with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way. If you buy Virtual Items, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase.
You receive a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable license to use Virtual Items solely for your personal entertainment and non-commercial use in the relevant part of Super Services, except where explicitly authorised and permitted by Super Versus.
Super Versus reserves the right to revoke from users (without notice or compensation) any Virtual Items that have been obtained by way of (e.g.) bug, hack or exploitation of the Super Services. We reserve the right to manage, regulate, control, discontinue, vary, modify and/or remove Virtual Items at our sole discretion without liability to you or anyone if we consider any of this necessary for the ongoing operation or protection of the Super Services or for other legitimate reasons.
These Terms are effective unless and until terminated by either you or Super Versus. Super Versus and the user may terminate these terms at any time without prior notice. Termination by Super Versus will come into an effect immediately upon the termination or deletion of your account (temporarily or permanently), which can occur at any time in the Super Versus's sole discretion. You can terminate this Agreement by stopping use of all Super Services. Any purchases will not be refunded even if the user terminates the Terms.
6. Intellectual Property Rights
If you think any materials from Super Services infringe your copyright-protected work under the copyright law, you may provide an infringement notice to the Company’s designated agent as set forth below. Also, to make your notice become effective, you must include the following information:
- Sufficient details to enable us to identify the work claimed to be infringed;
- Your contact information, including your address and email address;
- A statement that you have a good faith belief that the disputed is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Your physical or electronic signature;
Please send this notification to us via the Contact Information section below.
7. Disclaimer of Warranties
Super Services and content are provided on an “as is” basis and at your own risk. To the maximum extent permitted by law, Super Versus hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, noninfringement, merchantability, quiet enjoyment, accuracy, or fitness for a particular purpose. Without limiting any of the foregoing, Super Versus does not ensure continuous, error-free, secure or virus-free operation of the Super Services or your account.
8. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Super Versus be liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including, but not limited to loss of business, loss of data, loss of business rights, loss of profits) and damage (including but not limited to interruption of work operation, hardware malfunction, or other commercial damage or loss arising out of your use or misuse of the service. This is also true whether or not the company already knew or had to know about the possibility of the damages. Furthermore, Super Versus shall not be liable for any interruption of service, including, but not limited to, isp failure, software or hardware failure, or any other situation that may result in data loss or service interruption.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations are limited to the maximum extent permitted by applicable law in such countries or jurisdictions.
You agree to defend, indemnify, and hold harmless Super Versus, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
10. Governing law
These Terms shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under these Terms, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of such province. You agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
11. Updates to these Terms
These Terms may be updated at any time at our discretion. When we update the Terms, we will also update the date on top stating when the Terms were last updated. Please review the Terms every time you use Super Services to make sure you have accepted and agreed to the latest version.
12. Contact information
You can contact us via email at email@example.com