Terms of services
TERMS OF SERVICE
Effective date: May 22, 2021
Welcome to Azarus! Please read on to learn the rules and restrictions that govern your use of our website located at azarus.io and any related subdomains (the “Site”), Azarus’ competitive gaming services and any other websites, products, services, extensions and applications provided, owned or operated by Azarus (collectively with the Site, the “Services”). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at firstname.lastname@example.org.
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site or otherwise through the Services, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using Azarus?
Our Services offer a competitive gaming platform that connects to existing broadcasting platforms such as Twitch.tv and enables users to participate in predominately skill-based challenges (“Competitions”) based on the results of a game. Users can participate in Competitions in several ways, including, but not limited to: (i) accessing a software overlay that sits on top of and interacts with existing streaming platforms (an “Extension”), (ii) accessing a graphical user interface that may be provided by the Company on a computer, game console, or through a mobile application and (iii) directly through broadcast platforms or services that may facilitate Competitions directly between users of an applicable platform or service.
Content for Competitions may be automatically generated by users who are active streamers that allow proprietary software included with our Services to monitor and respond to their performance during the course of a game, or custom Competitions may be generated by users in their individual capacity based on the results of a game, subject to certain restrictions described in our Services from time-to-time. When a user creates content for Competitions in any manner, they may also be referred to as Creators. Certain Competitions may also allow users to earn Virtual Goods (as defined below) made available by Creators or other third-parties sponsoring Creators that may be used in connection with the Services.
You may only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
In order to access and use some parts of our Services, you may be required to sign up for an account, which may include selecting a password and username or creating login credentials using other authentication tools, such as third-party oauth tools provided by third-party platforms (an “Account”). You promise to provide us with accurate, complete, and updated registration information about yourself.
You may not select as your Account’s username a name that is already in use, a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You are also prohibited from selecting a username that incorporates or uses vulgar, hateful, or offensive language or imagery, or which infringes on the rights of any third party, including but not limited to the copyrights, trademark rights or rights of publicity or personality of any person or entity. If we determine that a username violates any provision of these Terms, we may, in our sole discretion, refuse to grant you the username, change the username, and/or suspend or terminate your Account or access to the Services.
You will not share your Account or password with anyone, if applicable, and you must protect the security of your Account and your password. You’re responsible for any activity associated with your Account. You may not transfer your account to anyone else without our prior written permission.
The Services are not intended for use by children under the age of 13. You represent and warrant that you are at least 18 years of age (or the legal age to form a binding contract in your jurisdiction), or if not, that you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Uses the Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
- Infringes, violates or breaches the intellectual property rights or any other rights of anyone else (including Azarus);
- Violates or circumvents any law or regulation, including, without limitation, any applicable export control laws, gambling laws, or anti-money laundering laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user or any other data not intended for you;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Disrupts, interferes with or otherwise adversely affects the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using our Services, including, but not limited to, any win trading and any other kind of manipulation of rankings, taking advantage of errors in the Services to gain an unfair edge over other players, and any other act that intentionally abuses or goes against the design of the Services.
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- Sends unsolicited emails or messages, including promotions and/or advertising of products or service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content except as permitted in these Terms;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services or otherwise create derivative works with respect to the Services;
- Involves the use of cheats, exploits, automation software, emulators, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
- Collects or harvests any personally identifiable information, including account names, from the Services, or soliciting, for commercial purposes, any users of the Services with respect to their User Submissions;
- Involves the sale, distribution, or other disposition of Virtual Goods except as permitted in connection with the use of the Services described in these Terms;
- Otherwise involves any act that we deem to be in conflict with the spirit or intent of the Services or make improper use of our support services.
We reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Services itself. A violation of any of the foregoing is grounds for termination of your right to use or access the Services and may result in civil or criminal liability.
What are my rights in the Services?
Content and Ownership
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Azarus’) rights.
You understand that Azarus owns the Services and that all Content that is made available through the Services, other than User Submissions and Content owned by third parties, is owned solely by Azarus (“Azarus Content”). You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services. Azarus reserves all rights, including but not limited to, all intellectual property rights or other proprietary rights with respect to the Azarus Content and the Services.
The Services may allow you to copy or download certain Content; please note that the existence of this functionality does not render the above restrictions inapplicable.
When using the Services, you may gain access to or be able to purchase or earn virtual items (including, by way of example only, points, coins, or digital credits) (“Virtual Goods”). You acknowledge and agree that you have no personal property right or other proprietary interest in any Virtual Goods you access, earn, purchase or otherwise acquire in connection with your use of the Services, regardless of any consideration offered or paid in exchange for such Virtual Goods. You further acknowledge and agree that Virtual Goods have no inherent monetary value, they cannot be redeemed for cash, and you cannot obtain any cash refunds for purchasing, earning, or using Virtual Goods, except as expressly permitted by us.
Virtual Goods are intended for purchasing Content and using the Services offered through a store or marketplace operated by us or an approved third party only. You are not permitted to transfer Virtual Goods you access, purchase or otherwise acquire in connection with your use of the Services, for example by gifting or trading them, except as expressly permitted by us. Further, you are not permitted to sublicense, trade, sell or attempt to sell Virtual Goods in exchange for money or any other thing of value except as expressly permitted by us. Any such transfers or attempted transfers are prohibited and void and, in the event that we determine that you have transferred or attempted to transfer Virtual Goods in a manner prohibited by these Terms, may result in us terminating your access to the Services.
WE MAY MANAGE, REGULATE, CONTROL, MODIFY OR ELIMINATE VIRTUAL GOODS AT ANY TIME, WITH OR WITHOUT NOTICE. OTHER THAN AS SET FORTH UNDER APPLICABLE LAW, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE ANY SUCH RIGHT. YOU ACKNOWLEDGE AND AGREE THAT ALL PURCHASES AND REDEMPTIONS OF VIRTUAL GOODS MADE AVAILABLE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE. IN THE EVENT THAT WE TERMINATE YOUR ACCESS TO THE SERVICES OR YOUR ACCOUNT, YOU AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, YOU FORFEIT YOUR RIGHT TO USE OR TRANSACT IN ANY REMAINING VIRTUAL GOODS ASSOCIATED WITH YOUR ACCOUNT AT THE TIME OF SUCH TERMINATION.
Virtual Goods Wallet
In the event you obtain or interact with Virtual Goods on our Services, we may make available an account balance associated with your Account or another identifier in the event you are an unregistered user (the "Wallet"). The Wallet is neither a bank account nor any kind of payment instrument. You may place or accrue Virtual Goods in your Wallet up to a maximum amount determined by us through earning Virtual Goods by interacting with the Services, or by credit card, prepaid card, promotional code, or any other payment method that we may determine in our sole discretion. To the extent that Virtual Goods in your Wallet are ascribed any monetary value, within any twenty-four (24) hour period, the total amount stored in your Wallet plus the total amount spent out of your Wallet, in the aggregate, may not exceed US$2,000 or its equivalent in your applicable local currency, and attempted deposits into your Wallet that exceed this threshold (whether through earning Virtual Goods by using the Services or by purchase) may not be credited to your Wallet until your activity falls below this threshold. We may change or impose different Wallet balance and usage limits from time to time.
You will be notified by e-mail of any change to the Wallet balance and usage limits within thirty (30) days before the entry into force of the change. Your continued use of the Services and your Wallet more than thirty (30) days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to cease using our Services (and terminate your Account, in the event you have an Account) or to cease use of your Wallet. We shall not have any obligation to refund any Virtual Goods remaining on your Wallet in this case, except in the event that applicable law requires otherwise. If you are an EU resident, you may have additional refund rights described more fully below, but please note that when you purchase Virtual Goods, you acknowledge and agree that we will begin the provision of the Virtual Goods to you promptly once your purchase is complete and therefore any right of withdrawal, if applicable, is lost at this point.
We shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking or any other damage or loss of any kind caused to the Virtual Goods you access, earn, purchase or otherwise acquire in connection with your use of the Services, including but not limited to the deletion of such Virtual Goods upon the termination or expiration of your Account.
Do I have to grant any licenses to Azarus or to other users?
License to Azarus
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions as follows.
For all User Submissions, you hereby grant Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Account or otherwise on the Services, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Azarus the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Azarus the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. PLEASE NOTE THAT IF YOU ACCESS THE SERVICES THROUGH AN EXTENSION, THE PLATFORM CONNECTED TO THE EXTENSION (E.G. TWITCH) IS CONSIDERED A SPECIFIED USER, AND YOUR USER SUBMISSIONS MAY BE SHARED WITH SUCH SPECIFIED USER AUTOMATICALLY.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Azarus the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all of our users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with our business for any purpose, in any and all media, formats and forms, known now or hereafter devised. Azarus shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the Public User Submission as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the Public User Submission or the elements thereof in conjunction with or into any other material. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You acknowledge and agree that you shall not be entitled to any compensation for any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, and we may freely use such submissions in any manner we deem appropriate without compensation to you.
You agree that the licenses you grant above are royalty-free, perpetual, transferable (including via sublicensing), irrevocable, fully paid-up and worldwide, provided that when you delete your Account (if applicable), we will stop displaying your User Submissions (other than Limited Audience User Submissions and Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
You also agree that the licenses provided above also grant us the right to authorize others to exercise any of the rights granted to us under these Terms. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Submissions, regardless of whether your User Submission is altered or changed in any manner.
Finally, you understand and agree that Azarus, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Azarus, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
If you believe that any material appears on the Site or the Services in a way that infringes the copyright in a work you own, please send a notification containing the following information to our contact information below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the work in which you hold a copyright interest which you believe is being infringed;
- a description of the location on the Site or Services where the allegedly infringing material is located to enable us to locate the material (preferably including a URL);
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any material identified in a copyright infringement notification is not infringing, or that you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law, to post and use the material complained of, you may send a counter-notification containing the following information to our contact information below:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
- a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Northern District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notification, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the person who provided the allegedly infringing material, the removed material may be replaced, or access to it restored, 14 business days or more after receipt of the counter-notification, at our sole discretion.
Copyright complaints can be submitted at the following contact information:
Attn: DMCA Representative
421 27th Street
San Francisco, CA 94131
To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
User Interactions and User Submissions
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We do not and cannot pre-screen or control, and have no duty to take any action regarding, Content or how you may interpret and use the Content, including whatever actions you may take as a result of having been exposed to the Content. You hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Third Party Links and Services
Azarus has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Azarus shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Azarus is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Azarus, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Will Azarus ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice. In the event that we discontinue or change the Services, we shall not, except as required by applicable law, be required to provide refunds, benefits or other compensation to users in connection with such discontinued or changed Services.
Do the Services cost anything?
The Services may be free, or we may charge a fee for using some or all of the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
- Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). In the event that we launch Paid Services, we will provide you with a link to a web page describing the Paid Services and including any additional details regarding payment terms for such Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. At all points, you are responsible for any use of your Payment Method (as defined below) by minors.
- Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to you on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, whether through a Payment Processor or directly, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor or directly, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. IN THE EVENT WE ALLOW YOU TO MAKE RECURRING PAYMENTS, WE WILL PROVIDE YOU WITH A WEB PAGE WHERE YOU CAN TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
- Current Information Required. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your Account profile settings on the Site. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth above.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your profile settings on the Site, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to your profile settings on the Site. If you terminate a Paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your PROFILE SETTINGS ON THE SITE or terminate your account before the end of the recurring TERM. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Azarus will not refund any fees that you have already paid.
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
- Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
If you are a user in the European Union (“EU”), you should know that EU law provides a statutory right to withdraw from certain contracts for physical merchandise and for the purchase of digital content (which may include Virtual Goods). You can find more information about the extent of your statutory right to withdraw and the ways you can exercise it here.
What if I want to stop using the Services?
Azarus is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms or your inactivity after more than 180 days. Azarus has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your Account, along with your user name and persona on our Services, so keep that in mind before you decide to terminate your Account. ACCOUNT TERMINATION MAY ALSO RESULT IN A TERMINATION ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND, EXCEPT AS REQUIRED BY LAW, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Warranty Disclaimer. Neither Azarus nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Azarus or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY AZARUS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AZARUS (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO AZARUS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Azarus, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AZARUS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Services, satisfy any legal requirements that such communications or agreements be in writing. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Azarus may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Azarus will not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control which may include denial-of-service attacks, a failure by a third- party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. You and Azarus agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Azarus, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Azarus, and you do not have any authority of any kind to bind Azarus in any respect whatsoever.