Terms of use
01.11.2021

Agreement between user and Never Bored OU.

Welcome to  Never Bored OU. The Vrnament.com website and the Never Bored OU application (the “Platform”), is composed of various pages operated by Never Bored OU ("Never Bored OU,” “we,” “us” or “our”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Our terms apply to all visitors, tournament creators, participants of tournaments, and others who access the service (“Users”). Your use of the Platform constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

The Platform is an online free tournament service for VR arcades. 

The Platform provides tournament management relating to but not limited to creating, registering, and managing a VR tournament. 

Privacy 
Your use of the Platform is subject to Vrnament's Privacy Policy. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices. 
Electronic Communications 
Using the Platform or sending emails to the Platform constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing. 

Your account 
If you use this platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity without the express written consent of Never Bored OU. You acknowledge that the Platform is not responsible for third party access to your account that results from theft or misappropriation of your account. Never Bored OU and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 
Never Bored OU does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Platform only with permission of a parent or guardian. 

Links to third party sites/Third party services 
The Platform may contain links to other websites ("Linked Platforms"). The Linked Platforms are not under the control of Never Bored OU and Never Bored OU is not responsible for the contents of any Linked Platform, including without limitation any link contained in a Linked Platform, or any changes or updates to a Linked Platform. Never Bored OU is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Never Bored OU of the site or any association with its operators. 

No unlawful or prohibited use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these terms of use. As a condition of your use of the Platform, you warrant to Never Bored OU that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform. 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Never Bored OU or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Platform. Never Bored OU content is not for resale, unless explicit written consent is given by the Partners of Never Bored OU. Your use of the Platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Never Bored OU partners and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Never Bored OU or our licensors except as expressly authorized by these Terms. 

Content provided to the Platform 
Never Bored OU does not claim ownership of the materials you provide to the Platform (including feedback and suggestions) or post, upload, input or submit to the Platform or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Never Bored OU, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Never Bored OU is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Never Bored OU's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

International Users 
The Service is controlled, operated and administered by Never Bored OU from Estonia. If you access the Service from a location outside Estonia, you are responsible for compliance with all local laws. You agree that you will not use the Never Bored OU Content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 
Indemnification You agree to indemnify, defend and hold harmless Never Bored OU, its officers, partners, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorneys' fees) relating to or arising out of your use of or inability to use the Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Never Bored OU reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Never Bored OU in asserting any available defenses. 

Liability disclaimer 
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEVER BORED OU AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME. 
NEVER BORED OU AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEVER BORED OU AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEVER BORED OU AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEVER BORED OU OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. 

Termination/access restriction 
Never Bored OU reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Estonia and you hereby consent to the exclusive jurisdiction and venue of courts in Estonia in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Never Bored OU as a result of this agreement or use of the Platform. Never Bored OUr's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Never Bored OU's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Never Bored OU with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Never Bored OU with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Never Bored OU with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Governing Law 
These Terms of Service are governed in accordance with the laws of Estonia. If you choose to opt out of the agreement in arbitration, you agree to resolve any dispute with Never Bored OU in any court located in Estonia, and will submit any personal jurisdiction of the courts located in Estonia for the purpose of litigating all such disputes. 
If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Terms of Service and will not affect the validity and enforceability of any remaining provisions. Never Bored OU’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Never Bored OU reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. 

Changes to Terms 
Never Bored OU reserves the right, in its sole discretion, to change the Terms under which the Platform is offered. The most current version of the Terms will supersede all previous versions. Never Bored OU encourages you to periodically review the Terms to stay informed of our updates.

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