Terms of Service

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 19 BELOW.

Last Revised: August 22nd, 2024

1. Introduction
   Welcome and thank you for visiting our network of websites and applications, which includes without limitation vrbattles.gg and any other website or application on which this Terms of Service Agreement appears (each a “Website”). Our Websites are interactive online services operated by VR Battles LLC, a company registered in Delaware (“VR Battles,” “we,” “us,” or “our”). This Terms of Service Agreement (“Agreement”) applies to all of our Websites and all other services offered by VR Battles (collectively, the “VR Battles Service”).

Certain products, services, and digital content may from time to time be made available to you for purchase through the VR Battles Service. Those purchases are governed by the Terms of Sale, which are incorporated by reference into this Agreement and made part of this Agreement.

VR Battles understands that the privacy of your personal information is important to you. For more information about VR Battles’ data protection practices, please read our Privacy Policy, which is incorporated by reference into this Agreement and made part of this Agreement. The Privacy Policy explains how VR Battles processes your personal information and protects your privacy when you use the VR Battles Service. Your access to and use of the VR Battles Service shall be subject to VR Battles’ Privacy Policy.

If you are a resident in the United States, your agreement to the policies, terms of use, and service is set out in this document and in those that are incorporated into it by reference in this document.

2. Acceptance of Terms
   By registering for, accessing, browsing, or using the VR Battles Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not use the VR Battles Service.
3. Eligibility and Geographical Restrictions
   3.1. Age Requirements: The VR Battles Service is available to individuals aged 13 or older. Users between the ages of 13 and 18 must have parental or legal guardian consent to use the service. By using VR Battles, you represent and warrant that you are at least 13 years old and that, if you are under 18, you have obtained parental or guardian consent to use the service.

3.2. Parental/Guardian Responsibility: Parents or legal guardians who consent to their child’s use of VR Battles are fully responsible for their child’s use of the service, including all financial charges and legal liability that their child may incur.

3.3. Operational Regions: VR Battles operates and allows participation in its services in the following United States jurisdictions:
Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, , Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington (D.C.), Washington State, West Virginia, Wisconsin, Wyoming

3.4. Restricted Regions: VR Battles does not operate and prohibits participation from the following United States jurisdictions:
Arizona, Louisiana, Mississippi, Montana, Nevada

3.5. Geo-blocking Measures: VR Battles implements IP-based geo-blocking to prevent access from restricted regions. If you attempt to access our services from a restricted region, you will be redirected to a page informing you that the service is not available in your location.

3.6. User Responsibility: Despite our geo-blocking measures, it is your responsibility to ensure that your use of the VR Battles Service complies with your local laws. Attempting to circumvent our geo-blocking measures or accessing the service from a restricted region is a violation of these Terms and may result in immediate termination of your account.

3.7. International Users: If you are accessing the service from outside the United States, you are responsible for complying with your local laws. VR Battles makes no representations that the service is appropriate or available for use in locations outside the United States.

3.8. VR Headset Compliance: You acknowledge and agree to follow your VR headset’s regulations and terms of use. This includes, but is not limited to, Oculus Terms of Use, Vive Terms of Use, Pimax Terms of Use, Valve Index Terms of Use, and HP Reverb Terms of Use.

3.9. Game Ratings: You acknowledge and agree to follow the game ratings of the game(s) you play in VR Battles. It is your responsibility to ensure that you meet the age requirements for individual games.

3.10. Additional Regional Regulations: You are responsible for verifying and complying with any additional regional regulations related to playing Virtual Reality games based on your location.

4. Account Registration
   4.1. Required Information: To create an account, you must provide accurate and complete information, including your legal name, birthday, email, phone number, username, in-game name, gaming platforms used, and geographic region. If you are under 18, you must provide your parent or legal guardian’s contact information.

4.2. Parental Consent Verification: For users under 18, we reserve the right to verify parental consent through various means, which may include contacting the parent or guardian directly.

4.3. Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

4.4. One Account Per User: To help prevent ranking abuse and ensure fair play, users are only allowed to create one account on the VR Battles platform. Multiple accounts per user are strictly prohibited.

5. VR Battles Service
   5.1. Service Description: VR Battles provides access to VR tournaments, competitions, and related services.

5.2. Service Availability and Changes: We do not guarantee that the VR Battles Service will always be available or be uninterrupted. VR Battles may at any time change or discontinue any aspect or feature of the VR Battles Service, including, but not limited to, content, hours of availability, and equipment needed for access or use.

5.3. Additional Policies: When using the VR Battles Service, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.

5.4. User Content: You may be able to submit content to the VR Battles Service. By doing so, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content.

6. Sales of Property
   6.1. Offers for Sale: From time to time, we may offer for sale goods or services that are advertised or posted on the Website. The prices charged for them are subject to change for all sales not final and fully paid at the time of the price revision.

6.2. No Warranties: To the fullest extent allowed by applicable law, WE MAKE NO WARRANTY THAT ANY PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION.

6.3. Delivery: We shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to you at the address you supplied to us. You bear the entire risk of loss or damage in transit, misdelivery and non-delivery of the goods that you may buy from us.

6.4. Order Cancellation: Prior to shipment, we have the right to cancel any order and refund any payment based on a mistaken price quote on the Website.

7. Tournaments and Competitions
   7.1. Types of Competitions: VR Battles and/or its independent contractors may offer skill-based contests, competitions, and tournaments. Some may require an entry fee and offer money or other value as a premium for winners. Other competitions may be free to play and yet offer a premium award to winners.

7.2. Eligibility: Competition for a premium, with or without payment of an entry fee, is open only to legal residents of the operational regions listed in Section 3.3 who are at least 13 years of age at the time of entry, with parental consent required for those under 18.

7.3. Entry Requirements: Some tournaments may require entry fees paid with credits. Users under 18 must have parental or guardian consent to participate in paid tournaments.

7.4. Membership Status: Participation in some contests for which an entry fee is charged may require participants’ enrollment in an augmented membership status on the Website, for which a fee may be charged.

7.5. Free Competitions: Free competitions are open to all eligible persons who participate from the operational regions listed in Section 3.3. An augmented membership status will not be required for participation in any free-to-play contest.

7.6. Competition Rules: For a list of the free and paid competitions available, the nature and value of the premiums offered, and competition-specific rules that supplement these Terms of Service, please refer to our Competitions Page [Insert link].

7.7. Prize Eligibility: To be eligible for prizes, you may be required to verify your identity and age. Users under 18 will require parental or guardian consent to claim prizes. For users aged 13-16, prizes may be awarded to the parent or legal guardian on behalf of the minor.

7.8. Prize Distribution: Prizes will be distributed based on the competition rules and through our designated payment processor(s).

8. Rules of Conduct
   8.1. Prohibited Activities: You agree not to engage in any of the following prohibited activities:

Violating any applicable laws or regulations
Impersonating any person or entity
Interfering with or disrupting the VR Battles Service
Attempting to gain unauthorized access to any part of the service
Using the service for any commercial purpose without our consent
Engaging in any form of cheating or unfair gameplay
8.2. Content Standards: Any content you submit must comply with our content guidelines, which prohibit offensive, harmful, or infringing material.

8.3. Fair Play and Anti-Cheating: Players are strongly encouraged to submit video footage and/or livestream their matches (on a time delay) in case of result disputes. To dispute a match result, you can submit a support ticket to the designated support email. If available, attach a recording link for review by our team of Moderators.

8.4. Moderation: Our Moderators have in-depth knowledge of the games and current exploits. If a player is determined to have used an exploit or otherwise violated the rules, they may forfeit the match and any benefits received. We reserve the right to ban players for repeated or severe violations.

9. Payments and Credits
   9.1. Credit Purchase: Credits can be purchased through our Credit Store using USD. Users under 18 must have parental or guardian consent for any purchases.

9.2. Free Credits: Credits can also be earned through free methods such as daily logins, account leveling, and as prizes in free tournaments.

9.3. Refund Policy: All sales of credits are final and non-refundable, except where required by law.

9.4. Parental Controls: Parents or guardians of users under 18 can set spending limits or restrict certain activities through our parental control features.

10. Intellectual Property Rights
    10.1. Ownership: The VR Battles Service and its contents are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

10.2. Limited License: We grant you a limited, non-exclusive, non-transferable license to use the VR Battles Service for your personal, non-commercial use.

11. Privacy and Data Protection
    11.1. Data Collection: We collect and use personal information as described in our Privacy Policy. For users under 18, we take additional precautions to protect their privacy in compliance with applicable laws, including the Children’s Online Privacy Protection Act (COPPA).

11.2. Data Security: We implement reasonable security measures to protect user data, but we cannot guarantee absolute security.

12. Third-Party Links and Services
    We may provide links to third-party websites or services. We are not responsible for the content or practices of these third-party sites or services.
13. Disclaimers and Limitations of Liability
    13.1. “As Is” Basis: The VR Battles Service is provided on an “as is” and “as available” basis, without any warranties of any kind.

13.2. Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

14. Indemnification
    You agree to indemnify and hold harmless VR Battles and its affiliates from any claims, damages, or expenses arising from your use of the service or violation of these terms.
15. Termination
    We may terminate or suspend your account and access to the VR Battles Service at any time, without notice, for any reason.
16. Modifications to the Service and Terms
    16.1. Service Changes: We reserve the right to modify or discontinue the VR Battles Service at any time.

16.2. Terms Updates: We may update these Terms from time to time. Continued use of the service after changes constitutes acceptance of the new Terms.

17. Governing Law
    This Agreement shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions.
18. Changes to Operational Regions
    VR Battles reserves the right to modify the list of operational and restricted regions at any time. We will make reasonable efforts to notify users of any such changes. Continued use of the service after such changes constitutes acceptance of the new operational regions.
19. Binding Arbitration and Class Action Waiver
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Plain Language Summary: This section explains that if you have a dispute with VR Battles, we both agree to try to resolve it informally first. If we can’t, the dispute will be resolved through a process called arbitration instead of going to court. Arbitration is a less formal way to settle disputes, and the decision made by the arbitrator is final. This section also states that you cannot join together with other users to bring a group lawsuit (known as a class action) against VR Battles. There are some exceptions where you might still be able to go to court instead of arbitration, which are explained below.

19.1. Initial Dispute Resolution: Before you file any claim against VR Battles, you agree to first try to resolve the dispute informally by contacting us. Most issues can be resolved quickly and to the satisfaction of both parties without needing to resort to arbitration or litigation.

19.2. Binding Arbitration: If we can’t resolve the dispute informally, you and VR Battles agree to resolve any claims related to these Terms or the VR Battles Service through final and binding arbitration. Arbitration is conducted by a neutral arbitrator instead of going to court, and their decision is final. This means you won’t have a judge or jury decide your case.

19.3. Arbitration Procedures: The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be conducted in the county where you reside or another mutually agreed location.

19.4. Class Action Waiver: YOU AND VR BATTLES AGREE THAT WE CAN ONLY BRING CLAIMS AGAINST EACH OTHER AS INDIVIDUALS. This means you cannot be a plaintiff or class member in any purported class or representative proceeding. Only individual relief is available in arbitration.

19.5. Exceptions to Agreement to Arbitrate: There are a few specific situations where you or VR Battles may still bring a lawsuit in court instead of arbitration:

Injunctive Relief: Either party may seek injunctive relief (a court order to stop someone from doing something) to prevent unauthorized use or abuse of the VR Battles Service or intellectual property infringement, without first going through arbitration.
Small Claims Court: You may bring a claim in small claims court if your dispute qualifies to be heard in that court, as long as the claim remains in small claims court.
20. Health and Safety
20.1. VR Risks: You acknowledge that use of virtual reality equipment involves some inherent risks, including but not limited to motion sickness, dizziness, eye strain, and in rare cases, seizures. You agree to use the VR Battles Service at your own risk.

20.2. Play Environment: You are responsible for ensuring that you have a safe and clear play area when using VR equipment in conjunction with the VR Battles Service.

20.3. Breaks: We recommend taking regular breaks during extended VR sessions. You agree that you are responsible for monitoring your own comfort and health while using the VR Battles Service.

21. Streaming and Content Creation
    21.1. Streaming Rights: You are allowed to stream your gameplay on VR Battles, subject to the rules and regulations of the specific games and tournaments.

21.2. Content Ownership: While you retain ownership of your original content, you grant VR Battles a license to use, reproduce, modify, and distribute any content you create using our service, including but not limited to gameplay footage and stream highlights.

21.3. Community Guidelines: Any content you create or stream using the VR Battles Service must adhere to our Community Guidelines, which prohibit offensive, harmful, or infringing material.

22. Updates and Patch Requirements
    You are responsible for maintaining updated versions of both your VR hardware and the games used in VR Battles competitions. Failure to update may result in inability to participate in certain events or tournaments.
23. Contact Information
    If you have any questions about these Terms, please contact us at:

VR Battles LLC
16192 COASTAL HIGHWAY,
LEWES ,DE 19958
United States

By using the VR Battles Service, you agree to these terms.