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Terms of Service
Terms of Service
- I PREAMBLE
- Welcome to the 7x Beta platform. 7xUSA.com is a unique social platform designed to engage the public in supporting entrepreneurs and innovators (Startups). The platform also provides Startups with tools they can use to build and grow their business and/or engage in competition where they vie for the support of fans whom we identify as Virtual Venture Capitalists (vVCs) and revenue from commercial customers by selling their products and services. If selected, Startups can compete in head-to-head contests where Startups and vVCs can earn and enjoy benefits, including prize money, and exposure based on their abilities.
- 7x Corp. provides a platform to support 7x startups. Its web address is 7xUSA.com, referred to hereinafter as the “Site”). 7x Corp also provides a related web app—which includes all of the text, images, audio, code, and other material necessary to participate in contests and related services collectively referred to hereinafter as the “Content.” Participation is limited to qualified adult (18 years old or older) legal residents of the United States who will be contracting with 7x Corp. See paragraph III, C, below, for more qualifications to be a vVC.
- The Site, the web app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by 7x are referred to hereinafter as the “Service.” The various related products and services including without limitation any integrated iOS or Android or other mobile applications hereinafter referred to as the “Site” is copyrighted work belonging to 7x Corp.
- This is a Beta version of the site and therefore user may experience limitations on functionality and stability issues. We appreciate your patience as we work to improve you user experience. Your comments and user feedback are highly valued. Please direct comments to Support@7xcorp.com
- IF YOU DO NOT AGREE to all of the provisions of these Terms of Service DO NOT ACCESS OR USE THE SITE.
- These Terms of Service govern your participation in and use of the 7x website and your relationships with other users whether you are a Startup, a Virtual Venture Capitalist (vVC), a Preferred Vendor, Team Manager, or simply a commercial customer purchasing items. Even though there are specific sections in these terms for Startups, Virtual Venture Capitalists, Preferred Vendors and commercial customers, all the terms are equally applicable to all users when appropriate.
- In addition to these Terms of Service, Our Community Guidelines, Data Processing Agreement, and Privacy Policy (linked) are all incorporated herein and become part of these Terms of Service.
- Except for the terms herein relating to binding arbitration, we may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by directly sending you an email. Therefore, you should make sure that your contact information is current at all times.
- The 7x website is located at 7xUSA.com and various related products and services including without limitation any integrated iOS or Android or other mobile applications hereinafter referred to as the “Site” is copyrighted work belonging to 7x Corp.
- These Terms of Service are legally binding. By accessing and/or using the Site, or clicking to accept or agree to these Terms where that option is made available, you accept and agree to these Terms and you are accepting all the terms herein outlined including the items listed in paragraph 3, above, on behalf of yourself or the entity that you represent and you warrant and affirm on behalf of yourself and/or the entity you represent that you are:
- a) at least 18 years old;
- b) that you are a legal resident of the United States of America or its territories.
- c) that you have the necessary authority, rights, and capacity to enter into this agreement.
- 7xUSA.com is for your personal, non-commercial use, except as explained below.
- IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION IX, BELOW.
- II ACCOUNT
- You can browse 7x without registering for an account. But to use some of 7x’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
- You are responsible for all the activity on your account and are also responsible for keeping your password confidential. If you find out that someone used your account without your permission, you should report it to support@7xUSA.com.
- A lot of people use 7x. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
- A) Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- B) Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- C) Don’t market prohibited items. Don’t market products that are illegal, violate any of 7x’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- D) Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
- E) Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, list servers, or any kind of auto-responder or spam on or through the Site.
- F) Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to 7x or another party).
- G) Don’t abuse other users’ personal information. When you use 7x—and especially if you create a successful project—you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided to facilitate participating in a 7x project: don’t use it for other purposes, and don’t abuse it.
- We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things – most of which boil down to “don’t mess with our system.”
- A) Don’t try to interfere with the proper workings of the Services.
- B) Don’t bypass any measures we’ve put in place to secure the Services.
- C) Don’t’ try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to 7x or another party.
- D) Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. We reserve the right to determine what’s a reasonable load.
- E) Don’t use any kind of software or device, whether it’s manual or automated, to “crawl” or “spider” any part of the Site.
- F) Don’t take apart or reverse engineer any aspect of 7x to access things like source code, underlying ideas, or algorithms.
- You can delete your account at any time, but doing so won’t automatically remove some content you’ve already posted.
- You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. For instance, if you’ve built a profile on the Site, deleting your account will not automatically remove the profile from the Site. You can contact us at support@7x.com for additional information or to request profile deletion. This is not available in all circumstances.
- III USER CONTENT
- User Content” means all information and content that a user submits to, or uses with, the Site including without limitation photographs, images, videos, likeness, appearance, voice, text, audio, full name, pseudonyms, and any other audiovisual content, for example, in the user’s profile or content postings and/or submissions to the site
- You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.
- You hereby represent and warrant that your User Content does not violate our Community Guidelines (available at 7xusa.com/community). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by 7x Corp or any of its affiliates.
- Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates our Community Guidelines. Although 7x Corp will make reasonable efforts to preserve your User Content, is not obligated to backup any User Content, and your User Content may be deleted. You are solely responsible for creating and maintaining your backup copies of your User Content if you desire.
- IV INTELLECTUAL PROPERTY 7x Corp’s property is legally protected in various ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Site.
- Our License to You.
- A) Use and Access. Subject to these Terms and except as expressly stated herein, 7x Corp grants you a non-transferable, non-exclusive, revocable, limited license to (a) use and access the Site solely for your personal use; and (b) use our logo, 7x Corp name, copyright and trademarks solely to promote the features of the Site, including if you are a Startup, to promote your Benefits to your potential Community Members (as such terms are defined below). This license is worldwide, non-exclusive, not sub-licensable, and non-transferable. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from 7x Corp or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit for remuneration the content in any way.
- B) Modification. 7x Corp reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) and any license(s) granted to you hereunder with or without notice to you. You agree that 7x Corp will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or any part thereof. You acknowledge and agree that 7x Corp will have no obligation to provide you with any support or maintenance in connection with the Site.
- C) Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site except as expressly stated herein; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
- D) Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- Your License to Us.
- A) In part, because you can submit User Content to the Site where it may be displayed to other users, you hereby grant (and you represent and warrant that you have the right to grant) to 7x Corp an irrevocable, nonexclusive, royalty-free, and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sub-licenses of the foregoing rights, solely for the purposes of including your User Content in the Site.
- B) In addition to the foregoing, you hereby grant to 7x Corp an irrevocable, nonexclusive, royalty-free, and fully-paid, worldwide license to factually list your full name, pseudonyms, likeness, appearance, and/or logos on our website and marketing materials solely to indicate that you are a user of the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution concerning your User Content. The purpose of this License is to enable us to operate the Site and make your User Content available through the Site consistent with the Site’s intended features and functionality. We will never seek to “steal” your User Content or use your User Content in a manner that is inconsistent with your legal rights in your User Content.
- Copyright Issues. We comply with the Digital Millennium Copyright Act.
- A) The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. 7x Corp complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements outlined in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
- B) If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
- Our License to You.
7x, PBC
Attn: Copyright Agent
50 W Broadway, Suite 1000,
Salt Lake City, Utah 84101
V. HOW THE SITE WORKS
- GENERAL PROVISIONS
First of all, this Site is designed as a novel way to capitalize startup enterprises without the issuance of securities of any kind. Startups may take their prize money and utilize it as operating capital.
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that 7x in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others.
You agree to (a) never to use the same password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify 7x of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your Username and Password to access the Service’s Restricted Areas. 7x cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that 7x is authorized to act on instructions received through the use of your Username and Password, and that 7x may, but is not obligated to, deny access or block any transaction made through the use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
As a result of your registration for the Service, you may receive certain commercial communications from 7x. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt-out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to info@7xusa.com Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
7x also reserves the right to cancel contests, at our sole discretion, without any restrictions.
7x, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct 7x deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way, or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent 7x from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
7x has also created a new type of venture capitalist that we call a “virtual venture capitalist®,” also known as a vVC. Such a person may participate in games of skill and insight and win up to 7x their entry fee depending on the number of entries in a particular game. A minimum of 48 participants is required for a game. Each game is designed so that close to 20% of all participants will win from 1.2x to 7x their entry fees. This is a lot like real venture capitalists who put money into an enterprise hoping to earn a profit on their investment. However, participation in the game is just that and there is no stock or promissory notes or any type of security exchanged between the vVC and the enterprise.
Also on this site is a marketplace where anyone can buy and sell innovative products and services offered by Startups. The Site will collect payments made by customers and place them into a savings account for each startup. That savings account may be used as collateral in obtaining loans for operating expenses from participating financial institutions. This will assist startups in generating valuable credit ratings and credentials for future growth. Monies in the savings accounts will be made available to the startup upon receipt of proof that the product or service has been delivered to the customer.
Also on this site is a social media platform that allows users to interact in order to support and enhance the development of starups and their respective innovations, projects and services.
Also on this site is a directory of Preferred Vendors. Upon approval, Preferred vendors enter into a referral agreement with 7x to provide products or services to the startup community.
Also on this site is 7xU which is a collection of instructional and motivational content intented to provide additional value to users on the platform.
If you follow a link to another website, what happens there is between you and them—not us. 7x may contain links to other websites. (For instance, project pages, user profiles, preferred Vendor profiles and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse or vouch for those sites.
- 2. USING THE SITE AS A STARTUP
- A) Your enterprise is a crucial part of the success of 7x and even more importantly of the well-being and success of our country and our world.
- B) Your job as a startup is to create, operate, and manage the best new enterprise that you can. In 7x games, if chosen, you will compete head-to-head with another startup in one of seven categories which are critical for the success of a company: 1) the pitch; 2) leadership; 3) branding; 4) social media and marketing; 5) sales and operations; 6) team makeup; and 7) impact on society and the world. Remember these and plan accordingly.
- C) When you register as a startup you are assigned a team. Your progress in the 7x games will be largely determined by your teams assessment of your ability to perform in a competitive environment with the objective to win.
- D) When you are chosen by vVC’s in their weekly games, your enterprise will receive a portion of the game entry fee paid by each vVC that has picked your enterprise for its roster. The higher you rank on the particular vVC’s roster of enterprises, the larger will be your share of the entry fee. While the entry fee might be a nominal amount such as $10 or $20. Your success is measured by the number of vVCs that you can attract and how high they rank you on their rosters. Here are the percentages of that portion of the vVC’s entry fee set aside for startups that you will receive depending on the rank of your startup on the roster: 1st – 21.3%; 2nd – 19%; 3rd – 16.7%; 4th – 14.3%; 5th – 12%; 6th – 9.7%; and 7th – 7%.
- E) There will be weekly games during the regular season, Startups who are affiliated with teams that make it to the playoffs will have the opportunity to receive additional funding and exposure throughout the playoffs. The playoffs will culminate with the top 7 Startups for the season being crowned as champion startups and sharing the seasonal purse. The seasonal purse will be allocated accordingly:
- First Place 20%
- Second Place 18%
- Third Place 16%
- Fourth Place 13%
- Fifth Place 12%
- Sixth Place 11%
- Seventh Place 10%
- F) If you participate in the playoffs you will be required to enter a contractual agreement to have a 3rd party conduct a pre Playoff valuation of your company. Based on the pre-playoff valuation you will agree to assign 7x and your team affiliate, respectively .7% equity in your company for each week you remain in the playoffs. If you make it to the final week of the playoffs the amount of equity assigned to 7x and your Team Affilaite will total of 10.8% – 4.9% respectively.
- G) You may also market your products and services in the 7x marketplace. Even items that are in the process of development may be marketed. Money paid by customers will be placed in an individual savings account for your enterprise. Upon proof of shipment of the product or service, the money will be made available for your company to use. The money can be allowed to accumulate in the savings account and then used as collateral for loans from participating financial institutions that have agreed to partner with 7xcorp to help startups like you be successful. This will allow you to build up good credit credentials and a good credit rating that will be invaluable in the future.
- 3. USING SITE AS VIRTUAL VENTURE CAPITALIST (vVC)
- By opening a vVC account and entering a game by paying your entry fee you are representing and warranting that:
- you are of 18 years of age;
- you are a citizen or legal resident of the United States of America and that you have a current address in the United States of America;
- at the time of deposit or game entry, you are physically located in the United States of America in a jurisdiction in which allows participation in 7x contests.
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you will abide at all times by these Terms of Use and any other agreements between you and 7x regarding your use of the Site or participation in its contests;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
- When entering any contest that awards prizes, you are not an employee or operator of 7x.
- You do not, by virtue of affiliation with 7x have access to the site’s pre-release non-public confidential data about contest-related information.
- Your job will be to enter games by paying an entry fee (remember this fee is NOT AN INVESTMENT it only gets you in the game) and then creating a roster of your top seven startups chosen from the startups who have registered on the Site, listing them in the order that you believe they will rank at the end of the game.
- Your entry fee will be used in five ways: 32% will be paid directly to the startups that you put on your roster. The percentage of that amount is determined by the rank order they appear on your roster as follows: 1st – 21.3%; 2nd – 19%; 3rd – 16.7%; 4th – 14.3%; 5th – 12%; 6th – 9.7%; and 7th – 7%.
- 10% will be allocated to the season purse that will be paid out to the top 7 Startups for the season.
- 40% will be used as prize money for the top 20% of vVCs participating in the vVC game.
- The top 20% (or as close to that number as possible depending on the number of participants in each game) of vVCs will be awarded prizes ranging from 1.2x to 7x, with x equal to the amount of the entry fee paid. vVCs will be ranked according to 1) ability to identify high-performing startups; 2) ability to use your social marketing skills to recruit others to participate in supporting the startups of your choice; and 3) the speed with which you identify your high performing startups. Your roster will be timestamped. The timestamps will be used as tiebreakers in the event more than one vVC has the same numerical score at the end of the game.
- 8% will be will be allocated to the vVC season purse that will be paid out to the top 7 vVC for the season
- 10% will be used by 7x Corp to produce, market, and conduct the games
- 4. USING THE SITE AS A COMMERCIAL CUSTOMER
- Anyone over 18 years of age may visit the 7x marketplace and view the products and services marketed there upon the invitation of either a vVC or Startup. Some of the items there, will be readily available and some will be in development. To make a purchase you will have to create a 7x account.
- Your purchase money will be kept by 7x in a savings account for the seller. The seller will not be granted access to your money until the item purchased has been sent to you. It is possible that items currently under development will never become commercially available for several reasons. In that case, your money will be refunded and you will receive an explanation from the startup why the product is unavailable or delayed. 7x makes no warranties or guarantees relative to any product or service marketed in its marketplace. Any warranty or guaranty, if any, comes from the startup and not from 7x Corp or any of its affiliates.
- VI. INDEMNIFICATION
- A) You agree to indemnify and hold 7x Corp (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, your violation of applicable laws or regulations or (d) your User Content.
- B) 7x Corp reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
- C) You agree not to settle any matter without the prior written consent of 7x Corp. 7x Corp will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- D) You agree to notify 7x Corp of all claims, actions, or proceedings against you that arise from your use of the Site and for which you may be liable to indemnify 7x Corp, within a reasonable time, not to exceed 10 days, after you become aware of such claim, action, or proceeding.
- VII. THIRD-PARTY LINKS AND ADS – OTHER USERS
- A) The Site may contain links to third-party websites and services, and/or display advertisements for third parties. Such links and ads are not under the control of 7x Corp, and 7x Corp is not responsible for any of them. 7x Corp provides access to these links and ads only as a convenience to you. 7x Corp does not review, approve, monitor, endorse, warrant, or make any representations concerning them. You use them at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the links or ads the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links or ads.
- B) Each Site user is solely responsible for all of its User Content. Because we do not control User Content, including without limitation any benefits offered by Startups through any paid memberships, you acknowledge and agree that we are not responsible for any User Content, benefits, or paid memberships, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any user content, benefits, services, products, or paid memberships. Your interactions with other Site users, whether Startup or vVCs or commercial customers, are solely between you and such users. You agree that 7x Corp will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
- VIII. DISPUTE RESOLUTION – LIMITATIONS OF LIABILITIES- GOVERNING LAW
- A) We at 7x encourage you to contact us if you’re having an issue before resorting to the courts. Our 7x support team is on hand and ready to answer your questions. You can visit our Help Center to find articles with information that may resolve your issue. If you still have questions, you can click “Contact us” in the Help Center or email support@7xCorp.com so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.
- B) Initial Dispute Resolution: Our Customer Support Department is available by phone (877-750-7979) or via the web address to help assist in resolving any concerns you may have regarding the Service. Our Customer Service Department can resolve most concerns quickly to your satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
- C) We are located in Utah, and any disputes with us have to be handled in Utah under Utah State Law.
- D) If something bad happens as a result of your using 7x, we are not liable beyond a small amount. To the fullest extent permitted by law, in no event will 7x, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (a) resulting from your access to, use of, or inability to access or use the Site; (b) for any lost profits, data loss, or cost of procurement of substitute goods or services; or (c) for any conduct of any third party on the Site. In no event shall 7x’s liability for direct damages be more than one hundred U.S. dollars ($100.00) in the aggregate.
- IX. ARBITRATION, IMPORTANT – READ THIS CAREFULLY. THE FOLLOWING PARAGRAPHS EXPLAIN THAT YOU GIVE UP YOUR RIGHT TO HAVE CONFLICTS RESOLVED IN A COURT OF LAW AND ALL SUCH CONFLICTS ARE TO BE RESOLVED BY A NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE UTAH UNIFORM ARBITRATION ACT AS IT MAY BE AMENDED FROM TIME TO TIME.
- A) APPLICABILITY: Any claim or dispute arising from these Terms of Service that cannot be resolved informally shall be resolved through binding arbitration under the terms herein. All claims shall be made on an individual basis and shall be binding on you and your successors and anyone using your account credentials whether authorized or not.
- B) NOTICE: Either party may initiate arbitration. The party initiating arbitration must first send written notice to the other party describing the nature and basis of the claim and the relief being sought. Such notice shall be sent to the address of record of the other party. After the notice is received the parties may attempt to resolve the matter informally. If resolution is not achieved within 30 days of receipt of the Notice of Dispute, either party may begin a formal arbitration proceeding. No settlement offers may be disclosed to the arbitrator until after the arbitrator has determined the amount of an award to either party if any award is made.
- C) COSTS: Each party shall bear its own costs (including attorneys’ fees and costs arising out of the arbitration and each shall pay an equal share of the fees and costs of the arbitrator.
- D) APPEARANCES: The parties may agree that arbitration can be conducted with or without personal appearances by the parties.
- E) TIME: Arbitration must be initiated within the statute of limitations.
- F) AUTHORITY OF ARBITRATOR: The arbitrator has the same authority to order discovery and award relief that judge in a court of law has. The arbitrator’s award is final and binding on all parties.
- G) WAIVERS: Each party hereby waive their rights to a trial by a judge and a jury, instead electing to be bound by the terms set by the arbitrator.
- H) NO CLASS ACTION SUITS: All claims just be arbitrated on an individual basis.
- I) CONFIDENTIALITY: All aspects of the arbitration proceeding shall be confidential. However, this does not prevent a party from seeking enforcement of an award by a court of competent jurisdiction.
- X. TERMS AND TERMINATION
- A) You can delete your account at any time, but doing so won’t automatically remove some content you’ve already posted.
- B) You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at support@7xUSA.com for additional information or to request project page deletion (this is not available in all circumstances).
- C) To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we have to.
- D) To protect the health and integrity of our system and to help ensure that startups and purchasers enjoy a safe and secure environment, 7x reserves these rights:
- E) We can make changes to the 7x Site and Services without notice or liability.
- F) We have the right to decide who’s eligible to use 7x. We may in limited circumstances impose restrictions or limitations on accounts, or – for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines – we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use 7x in that jurisdiction.
- G) We have the right to cancel any entry fee to any contest , at any time and for any reason.
- H) We have the right to reject, cancel, interrupt, remove, or suspend any user profile at any time and for any reason.
- I) 7x is not liable for any damages as a result of any of these actions.
It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate) unless we’re prohibited from doing so by law or in the interest of safety. For account cancellations, we will let the account holder know the reasons for this action at least 30 days in advance unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.
- XI. GENERAL
- A) These are our official terms and our rules for how things work. You can verify any confusing or conflicting information you see elsewhere by referencing what we’ve explained on this page.
- B) These Terms and the other material referenced in them are the entire agreement between you and 7x concerning the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and 7x concerning the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or 7x to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
- C) These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get 7x’s prior written consent. 7x has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. 7x will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
- D) If 7x determines that you do not meet the eligibility requirements, then you are not authorized to use the Service. 7x may require you to provide proof that you are eligible to participate according to this section before receiving a prize. This includes requesting that you fill out an affidavit of eligibility or other verification information. If 7x otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that 7x may have in law or equity, 7x reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, 7x may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by 7x in its sole discretion. 7x also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. 7x employees may use the Service to test the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of 7x employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other 7x employees or household members. 7x consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with 7x does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
- E) Start-ups, judges, coaches, team management, and other team support personnel and team owners may not participate in any 7x contests with which they are associated. Team owners, individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
- F) 7x, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award vVC points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct 7x deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way, or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent 7x from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.