Terms of Service
AZARUS, INC. TERMS OF SERVICE Effective date: January 11, 2023
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 [email protected] .
IF YOU DO NOT AGREE TO ALL OF THESE 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 the Services, so these Terms may be amended, modified or updated, from time to time by us in connection with our improvements to 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 any amendments, modifications, or updates to these 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 these Terms is effective, that means you agree to all of the changes.
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 protected] .
What are the basics of using Azarus?
The 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 the 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 the 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.
In order to access and use some parts of the 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 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. By using the Services, 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 your parent or guardian has agreed 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).
You will 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 are not 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.
You will not share your Account or password with anyone and you must protect the security of your Account and your password. You’re responsible for any activity associated with your Account.
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:
- 1.Uses the Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms;
- 2.Infringes, violates or breaches the intellectual property rights or any other rights of anyone else (including Azarus);
- 3.Violates or circumvents any law or regulation, including, without limitation, any applicable export control laws, gambling laws, or anti-money laundering laws;
- 4.Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- 5.Jeopardizes the security of your Account or anyone else’s (such as allowing someone else to log in to the Services as you);
- 6.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;
- 7.Violates the security of any computer network, or cracks any passwords or security encryption codes;
- 8.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);
- 9.Sends unsolicited emails or messages, including promotions and/or advertising of products or service;
- 10.“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- 11.Copies or stores any significant portion of the Content except as permitted in these Terms;
- 12.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;
- 13.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;
- 14.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; or
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?
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 agree not to 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.
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 (including AzaCoins, as defined below), or digital credits (including Aza credits) (collectively, “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 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, this may result in us terminating your access to the Services. 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.
In the event you obtain or interact with Virtual Goods on the 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 the 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.
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?
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 are royalty-free, perpetual, sublicensable, irrevocable, 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.
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 the intellectual property rights of others, 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.
Who is responsible for what I see and do on the Services?
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 cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and 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.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the 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 third-party 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 users on the 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, directors, 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 the 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.
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.
- 1.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.
- 2.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, through the Payment Processor, 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, 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.
- 3.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.
- 4.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.
- 5.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 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.
- 6.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.
- 7.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.
- 8.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.
- 9.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 [email protected] . 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.
As of January 11, 2023, the Azarus economy is powered by the $AZA currency (the "AzaCoin"). When playing any sponsored game on the Azarus platform, viewers earn AzaCoins.
The AzaCoin serves both as a utility token for making payments within the Azarus ecosystem, and as a governance token for voting on key decisions that impact autonomous micro-communities. The AzaCoin serves as the basis for new forms of economic and social interaction that enable streamers, viewers, game makers, brands, and digital item providers to build a ‘fandom economy’ and transform the expression of fandom into an economic power.
Each member of the ecosystem gains AzaCoins through its own efforts:
- Viewers to reward their attention
- Streamers in exchange for entertaining their audience
- Brands and Game Makers by sponsoring streamers
AzaCoins also replace AZA credits, the existing virtual currency used to purchase rewards, such as game licenses, downloadable content (DLC), or gift cards, at the Azarus Store. Existing AZA credits will convert automatically into AzaCoins at a ratio of 50:1.
The main uses of the AzaCoin include the following:
- Run sponsored campaigns: Brands need AzaCoins to sponsor and run campaigns on the Azarus platform. Campaigns are defined by a budget, a maximum cost-per-interaction, a game and a target audience.
- Redeem in the Azarus Store: Viewers can claim rewards in the store using their AzaCoins. Rewards include game licenses, gift cards, and much more. Currently, the Azarus Store has more than 35,000 items.
- Bid or buy instantly on streams: Using their AzaCoin balance, viewers can interact and pay for digital assets right on the stream, opening the door to many possible ways to interact with not only one other, but with brands, developers and streamers.
- Purchase digital assets in the Azarus Marketplace: Viewers who won a bid for a digital asset drop organized in an Azarus Games session can list their digital assets on the Azarus Marketplace, where other Viewers can purchase these digital assets with the AzaCoin.
Holders of the AzaCoin have the opportunity to stake their AzaCoins for a period of three (3) months upon earning them in return for receiving a percentage yield back, or “bonus” coins. Staking helps stabilizing the economy as some stakeholders transition from web2 to web3.
The AzaCoin is also the currency for decision-making within the Azarus ecosystem. Viewers use the AzaCoins they have won by playing Azarus Games to vote on the usage of AzaCoins in the community wallet. These governance mechanisms allow fans to use the AzaCoin that rewards their fandom to impact the life cycle of Azarus Games on their preferred stream.
Moreover, the Company reserves the right to change the terms and conditions pursuant to which AzaCoins may be acquired, redeemed, transferred, or staked, and the governance functions associated with the AzaCoins, at any time in its sole discretion. If the Company does make such a change, we will bring it to your attention by updating these Terms or the Light found here: https://docs.azarus.io/.
Not Responsible for Acts, Errors, or Omissions
The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any correspondence, Virtual Goods, AzaCoins, or other benefits; (b) theft or unauthorized redemption of Virtual Goods, AzaCoins, or use of any Virtual Good or AzaCoins; (c) any acts or omissions of third parties (including, without limitation, users); or (d) any errors published in relation to the Site, the Services or the AzaCoins, including, without limitation, any typographical errors, or errors of description of terms and conditions. The Company reserves the right to correct, without notice, any errors.
The Company is the sole and exclusive owner of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Azarus, Inc. Users shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
The Company’s waiver of any breach of these Terms by any user will not constitute a waiver of any other prior or subsequent breach of these Terms. The Company’s failure to insist upon strict compliance with these Terms by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other user. The Company may waive compliance with these Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select users.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, THE SITE, ANY CONTENT, VIRTUAL GOODS AND AZACOINS IS AT YOUR OWN RISK. THE SERVICES, THE SITE, ANY CONTENT, VIRTUAL GOODS AND AZACOINS ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, THE SITE, CONTENT, VIRTUAL GOODS AND AZACOINS OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE SERVICES OR SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE SERVICES, SITE, CONTENT, VIRTUAL GOODS OR AZACOINS. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES, SITE, CONTENT, VIRTUAL GOODS OR AZACOINS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE SERVICES, THE SITE, ANY CONTENT, VIRTUAL GOODS OR AZACOINS WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, INCLUDING WITHOUT LIMITATION APPLE INC., BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, RELIANCE ON OR INABILITY TO USE THE SERVICES, THE SITE, ANY CONTENT, VIRTUAL GOODS OR AZACOINS, OR ANY SITES LINKED, FROM OR ACCESSED THROUGH THE FOREGOING, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, THE SITE, CONTENT, VIRTUAL GOODS OR AZACOINS, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LOSS OF DATA, DELETION OF FILES, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, SYSTEMS, SERVICES, SITE, CONTENT, VIRTUAL GOODS OR AZACOINS.
You agree to defend, indemnify, defend and hold harmless the Company, its affiliates, licensors, and its and their respective officers, directors, employees, representatives, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and expenses (including any incurred in enforcement of this provision), arising from or relating to: (i) Your (or any third party using Your identity or account on the Services) use or misuse of, or access to, the Services, Content, Virtual Goods or Azacoins; (ii) Content provided by You (or any third party using Your identity or account on the Services); (iii) or Your (or any third party using Your identity or account on the Services) breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses and providing any and all necessary or reasonable information and access (including to individuals).
Choice of Law and Venue
Any disputes arising out of or related to the Services, Site, Content, Virtual Goods, Azacoins or these Terms will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or controversy arising out of or relating to the Services, Site, Content, Virtual Goods, AzaCoins or these Terms shall be the American Arbitration Association ("AAA"), as described below. You agree to waive any jurisdictional, venue, or inconvenient forum objections (without affecting a party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
BINDING INDIVIDUAL ARBITRATION; NO CLASS ACTIONS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolved quickly and amicably by contacting Azarus customer support at [email protected]. But we understand that sometimes disputes cannot be easily resolved by customer support. Any dispute, claim, or controversy between You and Azarus, or arising out of or relating to the Services, Site, Content, Virtual Goods, AzaCoins or these Terms that is incapable of being resolved through the Informal Resolution process below shall be submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.
- 1.Informal Resolution: If you have an issue that our customer support cannot resolve, prior to starting arbitration You agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day you or Azarus receive a written Notice of a Dispute in accordance with these Terms.
You will email your Notice of Dispute to [email protected]. Include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want Azarus to do. You shall label the subject line of such email, or otherwise set out in bold lettering, "Notice of Dispute." If Azarus has a dispute with you, Azarus will send our Notice of Dispute to your registered email address and any billing address You have provided us.
If the dispute isn’t resolved within by Informal Resolution, you or Azarus may start an arbitration in accordance with these Terms.
- 1.Binding Individual Arbitration: THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You agree that Disputes will be settled by binding individual arbitration conducted by the AAA and according to the consumer arbitration rules of the AAA then in force (the “AAA Rules”) as modified by these Terms.
This means that you and Azarus agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute. AAA uses experienced professionals to arbitrate disputes, which helps you and Azarus resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies available in court.
The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment.
- 1.Disputes We Agree to Arbitrate: You and Azarus agree to submit all Disputes between You and Azarus to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Azarus that relates to your use or attempted use of Azarus’ products or services, including the AzaCoins, including without limitation the validity, enforceability, or scope of the Terms and this Binding Individual Arbitration section.
You and Azarus agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) an action to compel or uphold any prior arbitration decision; and (4) Azarus’ right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds.
You and Azarus agree that whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court.
- 1.Arbitration Procedure: You and Azarus will adhere to the AAA Rules and this arbitration provision hereby incorporates the AAA Rules and Procedures.
The arbitration will be conducted by a single AAA arbitrator selected with substantial experience in resolving intellectual-property and commercial-contract disputes. You and Azarus both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.
If an in-person hearing is required, the hearing will take place in New York County, New York.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Azarus agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
The arbitrator may only award legal or equitable remedies that are requested by You or Azarus to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator may not award relief against Azarus respecting any person other than You.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.
- 1.Arbitration Fees and Location: If You start the arbitration, you must pay the AAA filing fee required for consumer arbitrations. The payment of all fees associated with the arbitration will be governed by the AAA rules. AAA costs do not include your Attorneys’ fees and costs and Attorneys’ fees and JAMS. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
- 2.Notice and Filing: If a Dispute must be arbitrated, you or Azarus must start arbitration of the Dispute within two (2) years from when the Dispute first arose. If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period. Azarus encourages you to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims.
- 3.Continuation in Effect: This Binding Individual Arbitration section survives any termination of these Terms or Azarus’ provision of services to you.
- 4.Future Terms Changes: Although Azarus may revise these Terms in its discretion, Azarus does not have the right to alter these Terms regarding arbitration or the rules specified herein with respect to any Dispute once that Dispute arises.
- 5.Class Action Waiver: To the maximum extent permitted by applicable law, you and Azarus agree to only bring Disputes in an individual capacity and shall not:
- 1.seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or
- 2.consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations.
Subject to Applicable Law; Severability
Participation in the AzaCoin economy and the earning and redeeming of AzaCoins are subject to all applicable local laws and regulations. Participation in the AzaCoin economy, benefits, and AzaCoins are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or user’s jurisdiction of residence. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, you and Azarus agree that it will not be severable; the entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms. Under no circumstances shall arbitration be conducted on a class basis without Azarus’ express consent.
These Terms, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and users relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on these Terms.