Date of last update: March 17, 2017
Certain areas, features, or functionality of the Services, may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this Agreement; in the event of such a conflict, the Additional Rules will control.
By visiting or using the Services, creating an account, and/or posting or viewing any content on the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement and each of its terms. Again, if you do not agree with the terms of this Agreement, please do not use the Services.
A. Changes to this Agreement
We are constantly trying to improve 3via and, to that end, we may revise the Services in order to better serve our users. As a result, we may change the terms of this Agreement from time to time. By continuing to use the Services, or any portion thereof, after we post any such changes, you accept this Agreement, as modified. We may change, restrict access to, suspend and/or discontinue the Services, or any portion of the Services, at any time.
B. Account Information
In order to use the Services, you must create an account with 3via. You agree that the information that you provide when creating an account with us will be accurate and complete. You also agree not to (i) select, register, or attempt to register, or use the name or any other identifiable information of another person with the intention of impersonating that person; (ii) use the name of anyone else without authorization; (iii) use a name in violation of the intellectual property rights of any person; or (iv) insist on use of a name that 3via considers to be offensive. 3via reserves the right to reject or terminate the account of any person that violates the terms of this Agreement. You will be responsible for preserving the confidentiality of your password, and you agree to notify 3via via email@example.com of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made, and all acts or omissions that occur on your account, while your password is being used in connection with your account. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
3via reserves the right to access and to disclose any information including, without limitation, any account information to comply with applicable laws and lawful government requests.
C. Age Restriction
You must be at least 13 years old to use the Services. By using the Services, you represent and warrant that you are at least 13 years old.
D. Content Posted to the Services
Any content that you choose to post to the Services, including user profile information, comments, photos, or any other content, is visible or potentially visible to the public. If you do not want your content to be visible to the public, please do not use the Services.
You are solely responsible for all content posted to the Services via your account. By using the Services, you agree not to post or endorse via the Services any violent, discriminatory, hateful, unlawful, infringing, defamatory, tortious, pornographic, sexually suggestive, or otherwise objectionable content. You further agree not to defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities, to post spam or other harassing commercial content, and that you will not post private or confidential information to the Services. You further agree not to use the Services for the purpose of engaging in violent, discriminatory, hateful, unlawful, infringing, defamatory, tortious, pornographic, sexually suggestive, abusive, harassing, threatening, or otherwise objectionable activity. This paragraph provides representative examples of inappropriate content, but is not intended to be an exhaustive list of such restrictions.
Although 3via cannot and does not monitor all content posted to the Services, you understand that 3via shall have the right, but not the obligation, to monitor the content of the Services to determine compliance with this Agreement and any other operating rules that 3via may establish from time to time. 3via shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material submitted to or posted on the Services for any reason, including violation of this Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding our rights in this regard, users shall remain solely responsible for the content of their user profile, messages, postings, and other content attributable to their accounts. You acknowledge and agree that neither 3via nor any of its affiliates shall assume or have any liability for any action or inaction by 3via with respect to any conduct within the Services or any communication or posting on the Services.
3via may contact law enforcement or other appropriate authorities in the event that it receives content that causes 3via and/or its officers or employees to believe that you are engaged in, planning, or seeking to organize or encourage others to engage in criminal activity or other misconduct.
E. 3via Content
3via provides content in the forms of questions, packs, campagins, characters, in game currency, and other forms. 3via reserves the right to modify these products at any time, including after purchase in order to rebalance the content, correct mistakes, balance the game, update content, or for any other reason 3via may see fit. While you may purchase a number of products in the game, you do not own the content in those products in any way, and it is subject to change. All 3via content and products, free or purchased, belong exclusively to 3via. You may not use any 3via content in any of your own products, or for any purpose other than your own personal use as allowed by 3via.
3via reserves the right to terminate at any time any products that may have been free, or for purchase. 3via also reserves the right to adjust the products on your account at any time.
F. No Endorsement
3via provides a service that allows users play or compete with others in public or private settings. 3via does not review, investigate, approve, edit, or otherwise control the content posted to the Services before they are posted, nor does it have any involvement in, control over, or opinions about user profile information, outcomes, player activity that may arise from using our Services. 3via does not endorse any such content. Users should take all reasonable precautions when using the Services or interacting with other users of the Services.
G. Intellectual Property Rights
License. You retain ownership of any content that you post to the Services. However, by using the Services, you grant to 3via a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use the content that you post to the Services.
Warranty. By using the Services, you warrant and represent that you own or otherwise have all of the rights to the content you post to the Services and that you have the right to grant the license set forth above; and that the content you post does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. You also warrant that all moral rights in any material that you submit to us or post have been waived. Please understand that posting content that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal rights holder might take against you or in relation to the content. We cannot and will not be liable for any loss or damage arising from your submission of any unauthorized content to the Services.
H. Notification Regarding Communications from 3via
You understand that, by registering to use 3via and/or downloading, accessing, or using the Services, you have agreed that we may send you communications or data from and/or relating to the Services and/or your account, including but not limited to (i) notices about services requested by you or via your account; (ii) updates; and (iii) information or materials regarding transactions, and/or services purchased or selected by you or in which you are involved via use of the Services or operation of your account. By using and registering for the Services, you agree to receive such communications and/or data from us.
Note, however, that some communications from us may be more “commercial” in nature than others, as they may advertise a feature of our Services or our merchandise or a product or service in which we believe you may be interested, or may otherwise discuss a marketing campaign or promotion offered by 3via or one of our partners or another third party. We will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). If you do not affirmatively opt out, we will assume that you do not object to receiving such communications.
3via may also ask for your permission to send text messages on your behalf. However, 3via will not send any text messages without first acquiring your affirmative, express permission.
I. Third Party Websites
The Services may contain links to other websites or apps, including websites and apps relating to trivia or educational content, organizations, groups, and social media outlets, which are not under the control of 3via. We are not responsible for these third-party websites, apps and/or the goods or services offered or rendered through such websites, and our linking to them does not constitute 3via's endorsement of these websites or apps. If you take advantage of such third-party websites, or apps, and/or services, you do so at your own risk and subject to the terms and conditions governing such websites, or apps, and/or services.
J. Restrictions on Use of the Services
You may not use the Services for any unlawful or unauthorized purpose. You may not change, modify, adapt, or alter the Services or access the Services by any means other than those permitted by 3via. You may not interfere with or disrupt the Services, servers, or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware, or any other malicious or disruptive code. You may not create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with 3via’s express consent).
K. Disclaimer of Warranties
3VIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ITS CONTENTS, OR ANY FEATURES AVAILABLE THROUGH 3VIA’S WEBSITE, MOBILE APPLICATION(S), OR TV APPLICATION(S), WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." 3VIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND ANY WEBSITES WITH WHICH IT IS LINKED. 3VIA DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SERVICES OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE SERVICES OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. 3VIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
L. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL 3VIA BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SERVICES, EVEN IF 3VIA OR A 3VIA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL 3VIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
You agree to indemnify us, defend us, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you, or any use or misuse of the Services for which you may be responsible or which may be attributable to your account. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to these indemnification obligations, in which case you will fully cooperate with us in asserting any available defenses.
O. Termination of Service
We reserve the right, in our sole, exclusive, and complete discretion, and without cause and/or without notice to (i) terminate without notice your ability to access or use the Services; and (ii) delete any data.
P. Governing Law
This Agreement has been made in and shall be construed in accordance with the laws of the District of Columbia. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts located in the District of Columbia, in all disputes arising out of or relating to this Agreement.
Q. Dispute Resolution
By visiting 3via, creating a user account, and/or otherwise using the Services, you agree to the following dispute resolution procedure, to which 3via has also agreed:
In the event of any controversy, claim, action, or dispute arising out of or related to any transaction conducted using the Services, or the breach, enforcement, interpretation, or validity of this Agreement (or any part of it) (a “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by email or telephone) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days within which to respond to or settle the Dispute. Notice shall be sent to:
- to us at: firstname.lastname@example.org
- to you at: the email address or telephone number attached to your user account.
Both you and 3via agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
In the event the dispute is not finally resolved through the above dispute resolution procedure, you agree that such Dispute shall be finally decided by binding arbitration. All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Washington, D.C. area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator—and not any federal, state or local court or agency—shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The parties further agree that they may bring claims only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration shall likewise proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. Each party shall bear its own costs and expenses relating to or arising from the arbitration.
YOU HEREBY WAIVE YOUR RIGHT TO A CLASS ACTION LAWSUIT FOR ANY ACTION ARISING OUT OF THE USE OF THE SERVICES.
If any part of this Agreement (including, but not limited to, the warranty disclaimers and liability limitations set forth above) is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision shall be deemed to have been 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. 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. All rights not expressly granted herein are reserved.
S. Assignment of the Agreement
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of this Agreement, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN ONE YEAR. THAT ONE-YEAR PERIOD BEGINS ON THE DATE WHEN SUCH CLAIM FIRST COULD BE FILED. IF IT IS NOT FILED WITHIN THE ONE-YEAR PERIOD, THAT CLAIM IS PERMANENTLY BARRED. THIS LIMITATION APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
T. Copyright Infringement Notification Process
Notification of a copyright infringement claim must be submitted to the following: email@example.com
The notification must be in writing and include:
- A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of each alleged infringing copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
- Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
- A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Effective Date: July 1, 2016
Last Updated: March 17, 2017