Last Updated Date: February 20, 2020
By agreeing to participate in the VideoCafe contests and accepting the prize money for winners and runners up therefore, you are agreeing to all the provisions in the attached Terms of Service.
Terms of Service relate to “VideoCafe” “the Platform”, “VideoCafe.live” “the Website” and “VideoCafeQuiz” “the Contest”. The Platform, Website and Contest are managed by Vuemix Inc "the Company". The Contest will be hosted by a quiz master referred to in the Terms of Service as “the Host”.
It is important that you are comfortable with these terms. While it may not be exciting reading, you should read the entire document before you select the agree option below. If you do not understand or agree to any part of the document, you should not sign this document and instead ask questions before accepting it.
CONTEST TERMS OF SERVICE
- Contest Material and Running the Contest
All computer apps, Platform, programs, materials, services, products, and features (including any related components, accessories, and documentation) provided by Company in connection with the Contest shall be referred to as the “Contest Material.” Contest will be run by the Host asking questions and Participants answering questions. Host and the Participants use Contest Material to communicate with each other.
Company grants Participant a personal, non-exclusive, non-transferable license to use the Contest Material solely for Participant’s use of Platform and participation in the Contest. The Contest Material may not be disclosed (publicly or privately), sublicensed, sold, assigned, leased, loaned, or otherwise transferred by Participant to any third party, for any reason.
- Third Party Software
The Contest Material may contain or use certain software that is owned by third parties ("Third Party Software"). Third Party Software is subject to terms and conditions other than those in these Terms of Service. Participant may view the relevant licenses and/or notices for such Third Party Software on their respective websites. A list of third party software can be provided upon request. As applicable, the terms of Participants’ use of the Third Party Software is subject to and governed by the applicable third party licenses and/or terms of service, except that the Sections “License”, “Disclaimer of Warranty” and “Limitation of Liability” of these Terms of Service also govern Participants’ use of the Third Party Software. Participants agrees to comply with the terms and conditions of the relevant Third Party Software licenses and/or terms of service.
- Company’s Obligations
Company will deliver the Contest Material to Participant.
Company will provide instructions on how to install and activate the Contest Material, and will provide reasonable technical support for the Contest Material.
Company has no obligation to develop or provide any updates or revisions to the Contest Material, and Company reserves the right to alter or adjust performance specifications for the Contest Material as it deems necessary or desirable.
Company will remit prize money if the Participant is the winner or first or second runners up to Participant’s PayPal account.
Company will make reasonable efforts to identify states and countries where Contests are not allowed by law. Notwithstanding the above, the Contests are void where prohibited by law.
- Participants’ Obligations and Representations
Participants agree to use the Contest Material as requested and described in any instructions provided by Company. Participants agree to familiarize themselves with the Contest Material information, instructions and documentation provided by Company and to only use or test the Contest Material as directed. Participants will promptly notify the Company of any and all functional flaws, errors, anomalies, and problems directly or indirectly associated with the Contest Material known to or discovered by Participants. Participants also will promptly respond to any and all reasonable inquiries, questionnaires, surveys, and other documents submitted to Participants by Company.
Participants are responsible for their own internet connection, computer, mobile device, and any other accessories or equipment used for participating in the Contest. It is their responsibility to maintain their connections during the Contest. Participants accept any losses arising from not answering questions due to their loss of internet connection or other bandwidth issues, or malfunctioning of their computer, mobile device, accessories and any other equipment, or not answering questions or any other reason.
Participants agree to follow the rules stated in these Terms of Service. Company reserves the right to change the rules and Participant agrees to follow the amended rules whenever changes are made to the rules.
Participants must be 18 years of age or older. Participant agrees to provide proof of age if requested by the Company.
Participants agree to register for the Contest through the Website by creating an account, and further agree to create only one account using their actual names.
Participants must be residents of USA and agree to furnish an Internal Revenue Service (IRS) Form W-9 before collecting prize money. Form W-9 is required for the company to report winnings to the IRS.
Participants are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from the Company.
Employees, advisors and consultants of the Company and their respective group companies, subsidiaries, and members of their immediate families, are not eligible to participate in the Contests.
If the Company charges a handling fee for a Contest, Participants agree that the fee will be remitted to the Company from a registered payment source (credit/debit cards, PayPal etc.) where they are named account holders. Participants agree that the handling fee will ONLY be refunded if there was a processing error resulting in overcharging the Participants or when a processing or system error has occurred.
Participants agree that the Company reserves the right to withhold prize money payments pending verification of the Participant’s identity and eligibility.
Participants agree to give permission to the Company to run checks with third party agencies using the information provided on the registration form.
Participants agree to have a PayPal account on which they are the named account holders to receive prize money.
Participants acknowledge that the Contest Materials may monitor and record persons in range, which may include persons of all ages. Participants are solely responsible for ensuring that they provide the appropriate notice to and obtain consent from, in accordance with applicable law, all persons (or in the case of a person under the age of majority in the particular jurisdiction, appropriate parent or legal guardian) whose voice or image may be captured through the Contest Materials.
Participants agree that, as a condition of participation in the Contests, Company will have access to all video and audio recorded by any Company device in the Contests for the purposes of research and refining our services and product offerings.
Any feedback, ideas, modifications, suggestions, improvements, and the like made by Participants with respect to the Contest Material (“Supportive Information”) will be the property of Company. Participants agree to assign, and hereby assign, all right, title, and interest worldwide in the Supportive Information and the related intellectual property rights to Company. Company may disclose or use Supportive Information for any purposes whatsoever without any obligation or compensation to Participants.
Participants agree to pay all incidental costs (such as, costs for Internet and phone services, accessories, cabling, etc.) associated with participating in the Contest.
Company makes every effort to ensure that errors and mistakes do not occur in any contest. Participants agree to void winnings or cash payments resulting from wins resulting from any obvious error or mistake or any technical fault (including, but not limited to, incorrect Contest payouts) with any of the Contests offered. Participants agree to forfeit any winnings/losses that result from such errors or mistakes or technical faults.
Participants agree to use audio and video accessories like cameras, headsets, microphones and speakers which work without causing echoes or otherwise affecting the audio-visual experience of the Contest. Participants further agree that the Company at its discretion or the Host at their discretion reserves the right to eject or disqualify such participants who adversely affect the audio-visual experience of the Contest.
Participants agree that the Company reserves the right to transfer, assign, sublicense or pledge these Terms and Conditions, in whole or in part, to any person (but without your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. Participants agree not to assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms of Service.
Participants agree that the Company reserves the right to cancel their accounts for any reason whatsoever at any time without notice to the Participants.
Participants agree that the Company reserves the right in its discretion to void any winnings if these Terms of Service are violated.
Participants agree to keep their usernames and passwords secure and secret and further agree not to let anyone else or third party to use their accounts. Participants further agree that the Company shall not be required to maintain usernames or passwords if the Participants misplace, forget, lose or are otherwise unable to login due to anything other than the Company’s error.
Participants agree to permit the Company to broadcast the Contest to Facebook, YouTube, Twitch, Roku and other platforms and websites to be viewed by public audiences and further agree to permit the Company to stream recorded versions of the Contests to Facebook, YouTube, Twitch, Roku and other platforms and websites to be viewed by the public.
Participants agree to login for each Contest on or before the time specified as the start time of the Contest while registering for each Contest and further agree that the Company at its discretion or the Host at their discretion could determine that Participants were late and disallow a Participant from participating in the Contest.
Participants agree that if they are found to cheat or attempt to defraud the Website or Contests, or make untrue and/or malicious comments with regard to the operations of the Company, the Company reserves the right to publicize their actions together with their identity and e-mail address, as well as to circulate this information to other gaming companies, banks, credit card companies, and appropriate agencies.
Participants agree to be bound by any additional terms and guidelines in Company’s standard Terms of Service (available at www.vuemix.com/terms.html), including any community guidelines and/or prohibited use, all of which are incorporated herein and made a part hereof.
- Participants of the Contest agree to the following Rules of the Contest
Each Contest will have a number of questions. The exact number of the questions will vary from Contest to Contest. Participants will be notified of the number of questions by the Host at the start of each Contest or by email before the start of the Contest.
Each Contest may or may not have categories of questions. The format of the Contest and categories, if any, will be conveyed to the Participants by the Host at the start of each Contest or by email before the start of each Contest.
Once the question has been asked, Participants use the raise-your-hand button (xxx) to raise the hand if they know the answer to the question.
If Participants raise their hands and bring them down by using the raise-your-hand button ON THEIR OWN, 10 points will be subtracted automatically from their score as a penalty. Only the Host can bring the hands down once raised by the Participants.
Participants will be called on to answer the question in the order that they appear with their hands raised.
The first Participant to answer the question correctly will score 10 points.
Participants that answer the question incorrectly will have 10 points deducted from their score. A negative score is possible.
As each question is asked, countdown timer will appear on the screen. If no Participant raises their hand before the timer reaches zero, the Host will cancel that question and move on to the next question without any points being awarded.
Correctness of the answer will solely be determined by the Host.
A tally of the scores will be shown on the computer screen periodically during the Contest and at the end of the Contest.
The Participant with the highest tally at the end of each Contest will be the winner. The Participant with the second highest tally will be the first runner up and the Participant with the third highest tally will be the second runner up.
The Company decides before the start each Contest whether prizes are distributed to the winner, first runner up and second runner up. Participants will be informed before the start of each Contest the description of prizes if any to be distributed to the winner, first runner up and second runner up.
In the event of a tie, run-off questions will be asked of the players in the tie until the tie is broken with the next score winning the tie-breaker.
No prize will be awarded if the score at the end of each contest is either zero or negative.
Participants agree that the rules may change from Contest to Contest and that it is the responsibility of the Participants to fully understand the rules before each Contest.
- Proprietary Rights: No Right to Copy, Modify, or Disassemble
The Contest Material provided by Company and all copies thereof, are proprietary to and the property of Company. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents and other intellectual property rights in or associated with the Contest Material are and will remain vested in Company and Participants shall have no such intellectual property rights in the Contest Material.
Participants may not, and shall prevent all Recipients from attempting to, copy or reproduce the Contest Material without Company’s prior written consent, except as reasonably needed to perform its obligations hereunder. Participants may not, and shall prevent all Recipients from attempting to, copy or reproduce any software or documentation provided by Company, without Company’s prior written consent, except as is reasonably needed to perform Participants’ obligations under these Terms of Service. Each permitted copy of software or documentation must contain Company’s proprietary and copyright notices in the same form as on the original. Participants shall not remove or deface any portion of any legend provided on any part of the Contest Material.
Participants shall not, and shall prevent all Recipients from attempting to, reverse engineer, alter, modify, disassemble or decompile the Contest Material, or any part thereof, without Company’s prior written consent.
- Disclaimer of Warranty
By its nature, the Contest Material may contain errors, bugs and other problems that could cause system failure and the testing and quality assurance of the Contest Material may not yet be completed. Participant acknowledges and agrees that the Contest Materials may contain, in Company’s sole discretion, more or fewer features or different licensing terms than subsequent commercial release versions. Because the Contest Material is subject to change, Company reserves the right to alter the Contest Material at any time, and any reliance on the Contest Material is at Participant’s own risk. Without limiting any disclaimer of warranty or other limitation stated herein, Participant agrees that any Contest Materials are not considered by Company to be suitable for commercial use, and that they may contain errors affecting their proper operation.
PARTICIPANTS ACCEPT THE CONTEST MATERIAL “AS IS.” COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE CONTEST MATERIAL. COMPANY HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMEN¬¬¬T OF THIRD PARTIES RIGHTS. NEITHER COMPANY NOR ITS LICENSORS WARRANT THAT THE CONTEST MATERIALS OR THE THIRD PARTY SOFTWARE WILL MEET PARTICIPANTS’ REQUIREMENTS, THAT THE OPERATION OF THE CONTEST MATERIALS OR THE THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CONTEST MATERIALS WILL BE CORRECTED.
- Term and Termination
These Terms of Service will be effective from the time you click the “accept” button until terminated. You may terminate your participation in the Contest at any time by returning the materials sent to you and providing Company written notification of your termination by sending an email to email@example.com. Your account and participation privileges may be terminated immediately if you fail to comply with any of these terms and conditions or the Terms of Service or if you fail to provide reasonable feedback in a timely manner. Company also reserves the right to terminate your account or the Contest Program at any time with or without cause.
Upon termination of these Terms of Service, Participants agrees to (i) return the Contest Material and all copies thereof to Company, if requested by Company in writing to do so, within seven (7) days after such termination, or (ii) if requested by Company to do so, certify to Company in writing that the Contest Material and all copies thereof have been destroyed.
The provisions of, and the obligations of the parties under, Sections 5, 6, 7, 8, 9, 10 and 11, and any other provisions that would normally survive, shall survive the termination of these Terms of Service.
- Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE TO PARTICIPANTS OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE CONTEST MATERIAL OR THE TRANSACTIONS CONTEMPLATED HEREIN, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OF SERVICE OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Exporting Restrictions; United States Government Legends
Contest Materials, including Software, provided to Participant may be subject to United States Export Restrictions. Participant agrees not to export or re-export any Contest Material or accompanying documentation in violation of any applicable laws and regulations of the United States or the country in which Participant obtained them.
- Governing Law
These Terms of Service shall be governed by the laws of the State of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The parties agree that any dispute under these Terms of Service shall be handled in accordance with Company’s standard Terms of Service (available at http://www.vuemix.com/terms.html ).
The failure of Vuemix to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vuemix. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org or at: Vuemix, Inc., 2033 Gateway Place, Suite 500, PMB 518, San Jose, CA 95110-3712.