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VPAL.GG TERMS AND CONDITIONS OF USE

1. Introduction

Welcome to vpal.gg ("vpal", "we", "our", or "us"). We are pleased to provide you with access to our website and services, subject to these terms and conditions. By accessing or using the Services, you agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions, you may not use our Services. Your use of vpal.gg constitutes your acceptance of these terms and conditions, which may be updated or amended from time to time without notice. It is your responsibility to review these terms and conditions periodically for any changes. Your continued use of vpal.gg following the posting of changes will constitute your acceptance of such changes.

2. Definitions

In these terms and conditions:

  1. "User" refers to any individual or entity accessing or using the Services provided by vpal.gg. This includes registered users, visitors, and anyone else who interacts with our platform.
  2. "Content" encompasses any text, images, videos, audio files, or other materials uploaded, posted, or transmitted by Users through the Services. This includes but is not limited to profile information, social media posts, comments, messages, and any other form of communication or expression.

These definitions clarify the scope of interactions and responsibilities within the vpal.gg community, ensuring mutual understanding and compliance with our terms and conditions.

3. Scope of Services

vpal.gg ("vpal", "we", "our", or "us") provides a platform for Users to interact, hire others for gaming or tasks, play online games, and participate in the virtual world called VexPal. Users may post Content to a social feed, provided it complies with site rules and laws.

By accessing or using our Services, Users acknowledge and agree to the following:

  1. Facilitating user interactions: vpal.gg serves as a digital platform where Users can engage in various interactions, communications, and collaborations with other Users. While vpal.gg facilitates these interactions, it does not endorse or guarantee the accuracy, quality, or legality of any Content or interactions between Users.
  2. Hiring for gaming or tasks: Users may utilize vpal.gg to hire other Users for gaming sessions, tasks, or other activities. vpal.gg does not participate in or control the hiring process and is not responsible for any disputes, issues, or conflicts that may arise between Users.
  3. Participation in VexPal: VexPal is a virtual world hosted on vpal.gg, offering Users a platform to explore, interact, and engage in various virtual experiences. Users are solely responsible for their interactions and activities within VexPal, and vpal.gg disclaims any liability for User conduct or actions within the virtual world.
  4. Posting Content to social feed: Users may contribute Content to vpal.gg's social feed, subject to compliance with our site rules, guidelines, and applicable laws. By posting Content on vpal.gg, Users grant vpal.gg a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content for promotional, marketing, and other business purposes.
  5. Engagement with Digital Entertainment: Users may interact with, view, or otherwise engage with various forms of digital entertainment on vpal.gg, including, but not limited to, video games, media, and audio. By engaging with these and any other forms of entertainment hosted on or linked through vpal.gg, users hereby consent to the collection, storage, and review of data related to their usage of such entertainment for the purposes of quality assurance.

These Services are provided on an "as is" and "as available" basis, and vpal.gg reserves the right to modify, suspend, or terminate any aspect of the Services at any time without prior notice. By using our Services, Users agree to indemnify and hold vpal.gg harmless from any claims, damages, liabilities, costs, or expenses arising out of or related to their use of the Services.

4. Age Requirement

vpal.gg ("vpal", "we", "our", or "us") is intended for use by individuals who are 18 years of age or older. By accessing or using our Services, Users affirm that they are 18 years of age or older. Users under the age of 18 are strictly prohibited from accessing or using vpal.gg's Services.

As a responsible platform, vpal.gg takes the protection of minors seriously and implements measures to prevent individuals under the age of 18 from accessing our Services. If we become aware that a User is under the age of 18, we will promptly remove their access to the platform and take appropriate action to enforce this age restriction.

By using vpal.gg's Services, Users acknowledge and agree to comply with this age requirement. Any violation of this policy may result in the immediate termination of the User's account and access to our Services.

6. User-Generated Content

Users grant vpal.gg ("vpal", "we", "our", or "us") a worldwide, non-exclusive, royalty-free license to use, modify, adapt, reproduce, distribute, display, and perform any Content uploaded, posted, or transmitted through the Services. This license allows vpal.gg to host, store, display, and distribute User-generated Content for the purposes of providing and improving our Services, promoting vpal.gg, and complying with legal obligations.

This license extends to all forms of User-generated Content, including but not limited to text, images, videos, audio recordings, and any other materials uploaded, posted, or transmitted by Users through the Services.

By uploading, posting, or transmitting Content through vpal.gg's Services, Users represent and warrant that they have the necessary rights, permissions, and authority to grant vpal.gg the aforementioned license. Users retain ownership of their Content, and this license does not transfer any ownership rights to vpal.gg.

vpal.gg respects the intellectual property rights of Users and third parties and complies with all applicable copyright laws and regulations. If a User believes that their intellectual property rights have been infringed upon, they may submit a copyright infringement notification to vpal.gg's designated agent.

Users acknowledge and agree that vpal.gg may review, monitor, and moderate User-generated Content, but vpal.gg is under no obligation to do so. vpal.gg reserves the right to remove or disable access to any Content that violates our Terms of Service, infringes upon the rights of others, or is otherwise objectionable, without prior notice or liability.

9. Data Retention

vpal.gg ("vpal", "we", "our", or "us") may retain certain data and information even after a User's account is terminated or deactivated. This data retention serves various purposes, including but not limited to:

  1. Compliance with legal obligations: vpal.gg may retain certain data to comply with legal obligations, such as record-keeping requirements, tax obligations, or regulatory obligations imposed by applicable laws and regulations.
  2. Prevention of abuse and fraud: Retaining data after account termination allows vpal.gg to investigate and prevent abuse, fraud, or other unauthorized activities on the platform. This may include retaining data related to past transactions, communications, or interactions between Users.
  3. Security and integrity of the platform: vpal.gg may retain certain data to maintain the security and integrity of the platform, such as user authentication records, access logs, or security incident data. This helps vpal.gg identify and respond to security threats, unauthorized access attempts, or other security incidents.
  4. Analysis and improvement of Services: Retained data may be used for analytical and research purposes to improve vpal.gg's Services, enhance User experience, and develop new features and functionalities. This may involve analyzing User behavior, preferences, and usage patterns based on historical data.

vpal.gg takes the privacy and security of User data seriously and implements appropriate safeguards to protect retained data from unauthorized access, use, or disclosure. Users acknowledge and agree to vpal.gg's data retention practices by using our Services, and they understand that certain data may be retained for the aforementioned purposes even after their account is terminated.

7. Compliance with Community Guidelines

Users of vpal.gg ("vpal", "we", "our", or "us") are required to adhere to our community guidelines and rules while using our platform. These guidelines are designed to promote a positive and respectful environment for all Users and ensure the safety, security, and enjoyment of our Services.

By using vpal.gg's Services, Users agree to abide by the following community guidelines:

  1. Respect for others: Users must treat each other with respect, courtesy, and kindness. Harassment, bullying, discrimination, hate speech, or any form of offensive behavior is strictly prohibited.
  2. Compliance with laws: Users must comply with all applicable laws, regulations, and legal obligations while using vpal.gg's Services. This includes but is not limited to laws related to copyright, intellectual property, privacy, and online conduct.
  3. Content standards: Users are responsible for the Content they upload, post, or transmit through vpal.gg's platform. Content must not violate any laws, infringe upon the rights of others, or be harmful, offensive, or inappropriate. Users must ensure that their Content complies with our Content Policy and does not contain spam, malware, or deceptive information.
  4. Responsible conduct: Users must engage in responsible and ethical conduct while using vpal.gg's Services. This includes respecting the privacy and rights of others, refraining from impersonation or misrepresentation, and refraining from engaging in any activities that could harm the integrity or reputation of vpal.gg or its Users.
  5. Reporting violations: Users are encouraged to report any violations of our community guidelines or rules to vpal.gg's moderation team. This helps us maintain a safe and welcoming environment for all Users and take appropriate action against offenders.

Violation of our community guidelines may result in various consequences, including but not limited to account suspension, termination, or legal action, depending on the severity and nature of the violation. vpal.gg reserves the right to enforce these guidelines at its discretion and take appropriate action to address violations.

Users are encouraged to review our community guidelines regularly to stay informed of any updates or changes. By using vpal.gg's Services, Users acknowledge and agree to comply with our community guidelines and rules.

8. Copyright Compliance and DMCA Procedures

vpal.gg ("vpal", "we", "our", or "us") is committed to upholding copyright law and complying with the Digital Millennium Copyright Act ("DMCA") to protect the rights of copyright owners and ensure the lawful use of intellectual property on our platform.

As part of our commitment to copyright compliance, vpal.gg follows the following procedures:

  1. DMCA Notice and Takedown: vpal.gg respects the intellectual property rights of copyright owners and promptly responds to valid notices of copyright infringement submitted in accordance with the DMCA. If a copyright owner believes that their copyrighted work has been infringed upon on vpal.gg's platform, they may submit a DMCA takedown notice to vpal.gg's designated agent, providing specific information required by the DMCA.
  2. Counter-Notification: If a User believes that their Content was removed or disabled as a result of a mistake or misidentification of the allegedly infringing material, they may submit a counter-notification to vpal.gg's designated agent. The counter-notification must include specific information required by the DMCA and a statement under penalty of perjury that the User has a good faith belief that the Content was removed or disabled as a result of mistake or misidentification.
  3. Repeat Infringer Policy: vpal.gg has a policy of terminating User accounts that are repeat infringers of copyright. Users who repeatedly infringe upon the intellectual property rights of others may have their accounts suspended or terminated, in accordance with our Terms of Service.
  4. Copyright Policy: vpal.gg has implemented a Copyright Policy that outlines our procedures for addressing copyright infringement, including how to submit a DMCA takedown notice, how to submit a counter-notification, and our process for handling repeat infringers. Users are encouraged to review our Copyright Policy for more information.

vpal.gg respects the rights of copyright owners and strives to promptly address any instances of copyright infringement on our platform. By using vpal.gg's Services, Users agree to comply with copyright law and refrain from infringing upon the intellectual property rights of others.

9. User Privacy and Security

At vpal.gg ("vpal", "we", "our", or "us"), we prioritize the privacy and security of our Users and are committed to protecting their personal information. While vpal.gg implements robust security measures to safeguard User data, it is important to recognize that Users also play a critical role in maintaining their own privacy and security.

Our approach to User privacy and security encompasses the following principles:

  1. Data Protection: vpal.gg employs industry-standard security measures to protect User data against unauthorized access, disclosure, alteration, or destruction. This includes encryption, access controls, and regular security audits to ensure the integrity and confidentiality of User information.
  2. Privacy Policy: vpal.gg maintains a comprehensive Privacy Policy that outlines how we collect, use, and disclose User information. Our Privacy Policy describes the types of data we collect, the purposes for which we use it, and the rights Users have regarding their personal information. Users are encouraged to review our Privacy Policy to understand our data practices and their privacy rights.
  3. User Responsibility: While vpal.gg takes steps to protect User privacy and security, Users are ultimately responsible for implementing their own security measures to safeguard their accounts and personal information. This includes choosing strong and unique passwords, enabling two-factor authentication where available, and exercising caution when sharing personal information online.
  4. Education and Awareness: vpal.gg is committed to educating Users about best practices for online privacy and security. We provide resources, tips, and guidance to help Users protect themselves from common threats such as phishing attacks, malware, and identity theft.
  5. Transparency and Accountability: vpal.gg is transparent about our data practices and strives to maintain open communication with our Users regarding privacy and security matters. We regularly update our Privacy Policy and inform Users of any material changes that may affect their rights or choices regarding their personal information.

While vpal.gg values User privacy and security, it is important for Users to take proactive measures to protect themselves online. By following best practices for online security and staying informed about privacy-related issues, Users can help mitigate risks and safeguard their personal information.

10. Third Party Content and Links

vpal.gg ("vpal", "we", "our", or "us") may provide access to or host third-party content, including websites, images, trademarks, and copyrighted material, as well as links to external websites or resources. While vpal.gg endeavors to provide valuable and relevant content to our Users, it is important to understand that third-party content and links are provided for informational purposes only and do not imply endorsement or control by vpal.gg.

Our approach to third-party content and links is guided by the following principles:

  1. Third Party Disclaimer: vpal.gg does not endorse, guarantee, or assume responsibility for the accuracy, reliability, or legality of any third-party content or links provided on our platform. Users acknowledge and agree that their use of third-party content and links is at their own risk and discretion.
  2. No Control or Responsibility: While vpal.gg may facilitate access to third-party content or provide links to external websites, we do not exercise control over the content, policies, or practices of third-party websites or resources. Users understand that vpal.gg does not monitor or endorse third-party content and that their interactions with third parties are governed by the terms and policies of those entities.
  3. Independent Assessment: Users are encouraged to exercise caution and conduct their own independent assessment of third-party content and links, including reviewing the terms of use, privacy policies, and security practices of external websites. vpal.gg recommends that Users verify the credibility and reliability of third-party sources before relying on or interacting with their content.
  4. No Liability: vpal.gg assumes no liability for any loss, damage, or harm arising from Users' access to or use of third-party content or links. Users agree to hold vpal.gg harmless from any claims, demands, or damages resulting from their interactions with third-party websites or resources.
  5. Changes and Updates: vpal.gg reserves the right to modify, remove, or disable access to third-party content or links at any time, without prior notice or liability. Users acknowledge and agree that vpal.gg may update or change the availability of third-party resources based on our discretion and operational needs.

While vpal.gg may provide access to third-party content and links, it is important for Users to exercise caution and discretion when navigating external websites or resources. By using vpal.gg's Services, Users acknowledge and accept that vpal.gg does not endorse or control third-party content and that their interactions with third parties are subject to the terms and policies of those entities.

11. Account Termination

At vpal.gg ("vpal", "we", "our", or "us"), we reserve the right to terminate a User's account at our discretion, for any reason, with appropriate notice or immediately for violations of our site rules and guidelines. Our approach to account termination is guided by the following principles:

  1. Reasonable Notice: In most cases, vpal.gg will provide Users with reasonable notice prior to terminating their account. This notice may be provided through email, notifications within the platform, or other means of communication. Users will be given an opportunity to address any concerns or violations before their account is terminated.
  2. Immediate Termination: In cases where a User's conduct poses an immediate risk to the safety, security, or integrity of our platform or community, vpal.gg reserves the right to terminate the User's account immediately and without prior notice. This includes violations of our site rules, terms of service, or applicable laws.
  3. Violation of Site Rules: Account termination may occur if a User engages in behavior that violates our site rules and guidelines. This may include but is not limited to harassment, hate speech, discrimination, unauthorized use of the platform, fraud, or other prohibited activities. vpal.gg reserves the right to take action against Users who violate our rules to maintain a safe and welcoming environment for all.
  4. Appeals Process: Users who believe their account was terminated unjustly or in error may have the opportunity to appeal the decision. vpal.gg will review appeals on a case-by-case basis and may reinstate a User's account if sufficient evidence or justification is provided to support their appeal.
  5. Effect of Termination: Upon termination of a User's account, vpal.gg may deactivate or delete their profile, content, and associated data from our platform. Users may lose access to their account, including any virtual items, currency, or privileges associated with their account. vpal.gg is not liable for any loss or damage resulting from the termination of a User's account.

Account termination is a serious measure that vpal.gg takes to uphold the integrity and safety of our platform. By using our Services, Users agree to comply with our site rules and guidelines and understand that violations may result in the termination of their account.

12. Indemnification

By using vpal.gg ("vpal", "we", "our", or "us"), Users agree to indemnify, defend, and hold harmless vpal.gg and its affiliates, partners, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to their use of the Services, including but not limited to:

  1. Violations of these terms and conditions, site rules, or any applicable laws or regulations.
  2. Unauthorized use of the platform, including access by unauthorized third parties or misuse of User accounts.
  3. Violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, or contractual rights.
  4. Content uploaded, posted, or transmitted by Users through the Services, including any claims of defamation, infringement, or violation of privacy rights.
  5. Any activity or conduct that results in harm or damage to vpal.gg, its Users, or any third party.

Users acknowledge and agree that vpal.gg shall have the right to select legal counsel and control the defense of any claim subject to indemnification by Users. Users further agree to cooperate fully with vpal.gg in the defense of any such claim and to promptly notify vpal.gg of any known or suspected violations of these terms and conditions.

vpal.gg reserves the right to assume the exclusive defense and control of any matter subject to indemnification by Users, in which case Users agree to cooperate with any reasonable requests made by vpal.gg in connection with the defense of such matter.

By using vpal.gg, Users acknowledge and accept their responsibility to indemnify vpal.gg and its affiliates for any claims, damages, or losses arising from their use of the Services, and agree to hold vpal.gg harmless from any liability or damages resulting from their actions or conduct on our platform.

13. Disclaimer of Warranties

vpal.gg ("vpal", "we", "our", or "us") provides the Services on an "as is" and "as available" basis, without any warranties or guarantees of any kind, express or implied. By using the Services, Users acknowledge and agree to the following:

  1. No Warranties: vpal.gg makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of the Services. Users acknowledge that the Services may contain errors, inaccuracies, or omissions, and vpal.gg disclaims any responsibility for such content.
  2. Use at Your Own Risk: Users access and use the Services at their own risk. vpal.gg does not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects or errors will be corrected. Users acknowledge that they may encounter offensive, harmful, or objectionable content while using the Services, and vpal.gg disclaims any responsibility for such content.
  3. No Endorsement: vpal.gg does not endorse, guarantee, or assume responsibility for any product, service, advertisement, recommendation, or advice provided by third parties through the Services. Users acknowledge and agree that any reliance on such content is at their own risk.
  4. No Liability: vpal.gg disclaims all liability for any loss, injury, or damage arising from Users' use of the Services, including but not limited to direct, indirect, incidental, consequential, punitive, or special damages. Users agree that vpal.gg shall not be liable for any content, conduct, or actions of other Users or third parties.

By using the Services, Users acknowledge and accept that vpal.gg makes no warranties or guarantees regarding the Services' reliability, accuracy, or suitability for any purpose. Users agree to use the Services at their own risk and understand that vpal.gg shall not be liable for any damages or losses arising from their use of the Services.

14. Limitation of Liability

vpal.gg ("vpal", "we", "our", or "us") shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising from Users' use of the Services, including but not limited to:

  1. Loss of Profits: vpal.gg shall not be liable for any loss of profits, revenue, or business opportunities resulting from Users' use of the Services or their reliance on any content or information provided through the Services.
  2. Loss of Data: vpal.gg shall not be liable for any loss or corruption of data, including User-generated content, arising from Users' use of the Services, server crashes, or technical failures.
  3. Consequential Damages: vpal.gg shall not be liable for any consequential damages resulting from Users' use of the Services, including but not limited to personal injury, property damage, or emotional distress.
  4. Punitive Damages: vpal.gg shall not be liable for any punitive damages resulting from Users' use of the Services, including but not limited to exemplary damages, fines, or penalties.
  5. Third-Party Claims: vpal.gg shall not be liable for any claims brought against Users by third parties arising from Users' use of the Services, including but not limited to claims of defamation, infringement, or violation of rights.

Users acknowledge and agree that vpal.gg's liability is limited to the maximum extent permitted by law and that vpal.gg shall not be liable for any indirect, consequential, or punitive damages arising from their use of the Services. Users further acknowledge and agree that vpal.gg's total liability for any and all claims arising from or related to the Services shall not exceed the total amount paid by Users, if any, to vpal.gg during the twelve (12) months preceding the event giving rise to such claim.

15. Dispute Resolution

Any disputes, claims, or controversies arising out of or relating to these Terms and Conditions or Users' use of the Services ("Disputes") shall be resolved exclusively through binding arbitration, conducted by a single arbitrator in accordance with the rules and procedures of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in Australia, unless otherwise agreed by the parties.

Users agree to waive their right to participate in any class action, collective action, or representative proceeding against vpal.gg. Users also waive their right to a jury trial and agree to resolve any Disputes on an individual basis.

The arbitrator's decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. Users understand and agree that arbitration is the exclusive and mandatory forum for resolving any Disputes with vpal.gg, and that neither party shall initiate or participate in any lawsuit or legal proceeding against the other party except as provided for in these Terms and Conditions.

Users acknowledge and agree that the arbitrator's decision may be entered as a judgment in any court of competent jurisdiction. Users further acknowledge and agree that they are waiving their right to seek relief in a court of law and are agreeing to resolve any Disputes through arbitration in accordance with these Terms and Conditions.

Users understand and agree that their use of the Services constitutes their agreement to resolve any Disputes with vpal.gg through arbitration and that any claims arising from or related to these Terms and Conditions or Users' use of the Services must be brought within one (1) year after the cause of action arises or be forever barred.

16. Governing Law and Jurisdiction

These Terms and Conditions and any Disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the United States and the laws of Australia, without regard to conflicts of law principles.

Any legal action or proceeding arising out of or relating to these Terms and Conditions or Users' use of the Services shall be instituted exclusively in the federal or state courts located in the United States, or the courts of Australia, as applicable. Users hereby consent to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum in such courts.

Users agree that any cause of action arising out of or related to these Terms and Conditions or Users' use of the Services must commence within one (1) year after the cause of action arises or be forever barred.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

17. Cookie Policy

By using vpal.gg, Users consent to the use of cookies in accordance with our Privacy Policy. Cookies are small files that are stored on Users' devices when they visit our website. These cookies help us provide a better user experience, analyze website traffic, and personalize content and advertisements. We use both session and persistent cookies to enhance Users' interactions with our website.

By creating an account and/or using vpal.gg, you agree to the use of cookies. Most web browsers automatically accept cookies, but Users can choose to decline cookies if they prefer. However, declining cookies may prevent Users from accessing certain parts of our website or experiencing the full functionality of the site.

Our Privacy Policy outlines the types of cookies we use, the purposes for which we use them, and how Users can manage their cookie preferences. By continuing to use vpal.gg, Users acknowledge and agree to our use of cookies as described in our Privacy Policy.

18. Digital Currency Purchase and Redemption

Users may purchase "Vees," a digital currency exclusively for use on vpal.gg. Vees can be utilized to access services and to purchase digital items, which are also intended solely for use within the vpal.gg platform. Upon redemption of Vees, all transactions are considered final and non-refundable. Users acknowledge and agree that Vees hold no intrinsic value and are solely for the purpose of accessing and utilizing services and digital items offered within the vpal.gg platform.

Consequently, all purchases of Vees are final and shall not be subject to return, exchange for any other form of currency or value, or modification under any circumstances. By purchasing Vees, users expressly consent to these terms and acknowledge that they have read and understood this provision in its entirety.

19. Entire Agreement and Assignment

These terms and conditions, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between Users and vpal.gg regarding the use of our Services and supersede any prior agreements, understandings, or negotiations, whether oral or written.

Users may not assign, transfer, sublicense, or delegate their rights or obligations under these terms and conditions without the prior written consent of vpal.gg. Any attempted assignment or transfer in violation of this provision shall be null and void.

No waiver by either party of any breach or default under these terms and conditions shall be deemed a waiver of any subsequent breach or default. If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid, legal, and enforceable to the fullest extent permitted by law.

These terms and conditions were last updated on: September 29th, 2024.