Power Hour Game Terms of Service
Last Updated: 14 April 2023
1. Introduction
Welcome to Power Hour Game, provided by Virtual Team Systems Ltd, operating under the brand name “GoTeam.” These Terms of Service govern your use of Power Hour Game, a Software as a Service (SaaS) product designed to optimize your Zoom video meetings. By accessing or using Power Hour Game, you agree to comply with these Terms of Service. These Terms of Service are a legally binding contract between you and Virtual Team Systems Ltd regarding your use of the Service.
Acceptance of Terms:
Please read these Terms of Service carefully before using Power Hour Game. By accessing or using Power Hour Game, clicking “sign in” (or similar language), or by downloading, installing, or otherwise accessing or using the service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY VIRTUAL TEAM SYSTEMS LTD AND BY YOU TO BE BOUND BY THESE TERMS.
Description of Power Hour Game:
Power Hour Game enhances your Zoom video meetings by providing advanced features and functionalities to improve your focus, collaboration, productivity, and engagement. Through seamless integration with the Zoom platform, Power Hour Game offers the ability to play the game, meeting insights and analytics, AI-powered summarization, and integration with productivity tools.
Integration with Zoom:
Power Hour Game is designed to integrate seamlessly with the Zoom video meeting platform. By connecting Power Hour Game to your Zoom account, you can unlock the full potential of our features to optimize your virtual meetings.
Your Agreement:
By using Power Hour Game, you agree to these Terms of Service and our Privacy Policy. If you are accessing or using Power Hour Game on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Service. References to “you” or “your” in these Terms of Service refer to you and any organization on behalf of which you are acting.
Changes to Terms:
We reserve the right to modify or update these Terms of Service at any time. Any changes will be effective immediately upon posting the updated Terms of Service on our website. Your continued use of Power Hour Game after any such changes constitutes
your acceptance of the updated Terms of Service. Thank you for choosing Power Hour Game. We are dedicated to providing you with an exceptional experience and helping you maximize the value of your Zoom video meetings. If you have any questions or concerns about these Terms of Service, please contact us at [email protected].
2. Definitions
In these Terms of Service, the following definitions shall apply:
“Power Hour Game”: Refers to the Software as a Service (SaaS) product provided by Virtual Team Systems Ltd under the brand name “GoTeam,” designed to enhance Zoom video meetings with advanced features and functionalities.
“Virtual Team Systems Ltd”: Also referred to as “we,” “us,” or “our,” Virtual Team Systems Ltd is the company behind Power Hour Game and the operator of the GoTeam brand. Virtual Team Systems Ltd is a Hong Kong-based entity.
“Zoom”: Refers to the Zoom video meeting platform, a third-party service with which Power Hour Game integrates to provide its features and functionalities.
“User”: Refers to any individual or organization accessing or using Power Hour Game.
“Account”: Refers to the user account created to access and use Power Hour Game, including login credentials and account settings.“Services” Refers to the features, functionalities, and capabilities provided by Power Hour Game, including but not limited to automated meeting transcriptions, action item tracking, meeting insights and analytics, AI presenters, AI-powered summarization, and
integration with productivity tools.
“Terms of Service”: Refers to these Terms of Service governing the use of Power Hour Game.
“Privacy Policy”: Refers to the privacy policy governing the collection, use, and disclosure of personal information by Power Hour Game.
“Subscription”: Refers to the plan or package selected by the user to access and use Power Hour Game, including any associated fees and payment terms.
“Content”: Refers to any text, images, audio, video, or other materials uploaded, transmitted, or displayed by users through Power Hour Game.
“Analytics”: Data and insights derived from user interactions and activities within Power Hour Game, including meeting duration, participation levels, and keyword frequency.
“Updates”: Enhancements, modifications, or updates to Power Hour Game's features, functionalities, or services provided by Virtual Team Systems Ltd.
“Intellectual Property”: Refers to any patents, trademarks, copyrights, trade secrets, or other intellectual property rights associated with Power Hour Game, including but not limited to software code, designs, logos, and documentation.
“Effective Date”: The date on which these Terms of Service become effective, as indicated at the beginning of the document. These definitions are provided for clarity and reference purposes. They apply to all aspects of the Terms of Service and govern the relationship between users and Power Hour Game. If you have any questions about the meaning or interpretation of these definitions, please contact us at [email protected].
3. Scope of Services
Description of Services:
Power Hour Game, offered by Virtual Team Systems Ltd under the brand name “GoTeam,” is a Software as a Service (SaaS) product designed to enhance your Zoom video meetings. By integrating seamlessly with the Zoom platform, Power Hour Game provides advanced features to improve collaboration, productivity, and engagement during virtual meetings.
With Power Hour Game, users gain access to a range of tools and functionalities, including but not limited to:
1. Action Item Tracking: Keep track of action items and decisions made during meetings with Power Hour Game's built-in action item tracker. Assign tasks, set deadlines, and monitor progress to ensure follow-through and accountability.
2. Meeting Insights and Analytics: Gain valuable insights into meeting effectiveness and participant engagement with Power Hour Game's analytics dashboard. Track metrics such as meeting duration, participation levels, and scoring.
3. Integration with Productivity Tools: Seamlessly integrate Power Hour Game with popular productivity tools such as
dothis.to, airtable, Slack, Microsoft Teams, and Google Workspace to streamline workflows and enhance collaboration across your organization.
Limitations of Services:
While Power Hour Game strives to provide a seamless and valuable experience for users, it is important to note certain limitations of the service:
1. Dependence on Zoom Platform: Power Hour Game is dependent on the Zoom video meeting platform for its functionality. Any changes or disruptions to Zoom's services may impact the availability and performance of Power Hour Game.
2. Availability of Features: Certain features and functionalities of Power Hour Game, may be subject to availability based on subscription plans and service updates. Virtual Team Systems Ltd reserves the right to modify or discontinue features at its discretion. By using Power Hour Game, you acknowledge and accept the scope of services provided, as well as any associated limitations. We are committed to continuously improving and enhancing the Power Hour Game experience to meet the evolving needs of our users.
4. User Accounts
Eligibility:
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) any information you provide to us is accurate and up to date; and (d) your use of the Service complies with all applicable laws and regulations.
Required Account:
You must have an active Zoom account that supports the Service. You must have a Power Hour Game account or GoTeam account, and be logged into either of the mentioned accounts and allow a connection from the Service to your Power Hour Game account or GoTeam account to use the Service. Your use of any third-party service may be governed by the third party’s terms and conditions, and any issue arising from your use of the third-party service is solely between you and the third party. Virtual Team Systems Ltd m is not an affiliate or partner of any such third party.
Registration Process:
To access Power Hour Game, users must create a user account by completing the registration process. During registration, users may be required to provide certain information, including their name, email address, organization name, and other relevant details. By registering for an account, users agree to provide accurate, current, and complete information and to promptly update any changes to their account information.
Account Security and Responsibilities:
Users are responsible for maintaining the security of their Power Hour Game accounts and passwords. It is strictly prohibited to share account credentials with others or to allow unauthorized access to your account. Users must promptly notify Virtual Team Systems Ltd of any unauthorized use or security breaches related to their accounts. Virtual Team Systems Ltd reserves the right to suspend or terminate accounts that are found to be in violation of these security measures.
Termination or Suspension of Accounts:
Virtual Team Systems Ltd reserves the right to suspend or terminate user accounts at its discretion, with or without cause. Reasons for account termination or suspension may include, but are not limited to, violation of these Terms of Service, fraudulent activity, or misuse of Power Hour Game. In the event of account termination, users may lose access to their account and any associated data or content. Virtual Team Systems Ltd shall not be liable for any loss or damages resulting from account termination or suspension.
Account Deletion:
Users may request the deletion of their Power Hour Game accounts by contacting Power Hour Game at [email protected]. Upon account deletion, all associated data and content may be permanently removed from the system, except where retention is required by law or for legitimate business purposes. Users acknowledge and agree that Virtual Team Systems Ltd shall have no obligation to retain user data following account deletion.
User Obligations:
By creating a Power Hour Game account, users agree to abide by these Terms of Service and any applicable laws and regulations. Users are solely responsible for their conduct and activities while using Power Hour Game, including any content they transmit, post, or display through the service. Users must not engage in any illegal, abusive, or unauthorized behavior, nor may they violate the rights of others or infringe upon intellectual property rights.
Account Ownership:
User accounts and their associated data and content are owned by the registered user or their organization. Virtual Team Systems Ltd does not claim ownership of user-generated content but may utilize such content as necessary to provide and improve Power Hour Game services. Users retain all rights to their content and are solely responsible for its accuracy, legality, and compliance with these Terms of Service. By creating a Power Hour Game account, users acknowledge and agree to these account-related terms and obligations. Failure to comply with these terms may result in account suspension or termination at Virtual Team Systems Ltd's discretion.
5. Fees and Payment
Pricing Structure:
Access to Power Hour Game may be subject to subscription fees or usage charges, as determined by Virtual Team Systems Ltd. The pricing structure for Power Hour Game services, including any applicable subscription plans or pricing tiers, will be clearly outlined on our website or communicated to users upon registration. We also reserve the right to determine pricing for our Services. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. We may change the fees for any feature of the Service, including new or additional fees or charges, if we give you advance notice of changes before they apply. We may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Payment Terms:
Users are responsible for paying all fees associated with their use of Power Hour Game in accordance with the terms specified by Virtual Team Systems Ltd. Payment methods accepted may include credit card payments, electronic funds transfer, or other approved payment methods. Payment terms, including billing frequency and due dates, will be specified at the time of subscription or purchase.
Subscription Plans and Renewals:
Users may have the option to subscribe to different plans or tiers of Power Hour Game services, each with varying features and pricing. Subscription plans may be offered on a monthly, annual, or other recurring basis, as determined by Virtual Team Systems Ltd. Subscriptions will automatically renew at the end of each billing period unless canceled by the user in accordance with the cancellation policy.
Billing and Invoicing:
Virtual Team Systems Ltd will provide users with invoices or billing statements detailing the fees and charges associated with their Power Hour Game subscription. Users are responsible for reviewing and promptly paying all invoices in accordance with the specified payment terms. Failure to pay invoices may result in account suspension or termination.
Taxes:
Users are responsible for paying any applicable taxes, duties, or other governmental charges related to their use of Power Hour Game services. Virtual Team Systems Ltd may collect and remit taxes on behalf of users where required by law, and users agree to cooperate with any tax collection efforts as necessary.
Fee Changes:
Virtual Team Systems Ltd reserves the right to modify the pricing structure for Power Hour Game services at any time, with or without notice. Changes to fees will be effective immediately upon posting on our website or notifying users through other means. Users' continued use of Power Hour Game after any fee changes constitutes acceptance of the modified pricing terms.
Refunds:
Refunds for subscription fees or other charges are provided solely at the discretion of Virtual Team Systems Ltd. Requests for refunds must be submitted in writing to our customer support team and will be evaluated on a case-by-case basis. Virtual Team Systems Ltd may consider factors such as service interruptions, billing errors, or other extenuating circumstances in determining eligibility for refunds. By using Power Hour Game and agreeing to these Terms of Service, users acknowledge and accept the fees and payment terms outlined herein. Virtual Team Systems Ltd reserves the right to modify pricing and payment terms as necessary to reflect changes in market conditions, operating costs, or other factors.
6. User Conduct
Acceptable Use Policy:
Users of Power Hour Game are expected to conduct themselves in a manner that is lawful, ethical, and respectful of others. By accessing or using Power Hour Game, users agree to abide by the following acceptable use policy:
· Lawful Use:
Users must use Power Hour Game in compliance with all applicable laws, regulations, and legal obligations. It is strictly prohibited to engage in any illegal or unauthorized activities while using Power Hour Game.
· Respectful Communication:
Users must communicate respectfully and professionally with others while using Power Hour Game. Harassment, bullying, hate speech, or other forms of abusive behavior will not be tolerated.
· Content Restrictions:
Users are solely responsible for the content they transmit, post, or display through Power Hour Game. Content must not infringe upon the rights of others, including intellectual property rights, privacy rights, or publicity rights. Users shall not in any way, share, whether via videoconference or chat, but not limited hereto, any company or trade secrets with any third persons who do not have knowledge therein. Third-persons may or may not be an employee of the disclosing users.
· Security Measures:
Users must take reasonable precautions to maintain the security and integrity of their Power Hour Game accounts and data. It is prohibited to attempt to bypass security measures, gain unauthorized access to accounts or systems, or engage in any other malicious activities.
· Compliance with Policies:
Users must comply with all policies, guidelines, and instructions provided by Virtual Team Systems Ltd regarding the use of Power Hour Game. Failure to adhere to these policies may result in account suspension or termination.
Prohibited Activities:
The following activities are strictly prohibited while using Power Hour Game:
1. Attempting to gain unauthorized access to Power Hour Game accounts, systems, or data.
2. Sending unsolicited or unwanted messages, advertisements, or promotional materials for products and services.
3. Transmitting or distributing viruses, malware, or other harmful software.
4. Pretending to be another person or entity, or falsely representing affiliation with a person or entity.
5. Collecting personal information about another user or third party without consent;
6. Engaging in any illegal activities or encouraging others to do so.
7. Harassing, threatening, demeaning, embarrassing, bullying, defrauding, or otherwise harming any other user of the Service;
8. Violating, or encouraging others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
9. Selling or otherwise transferring your rights under these Terms; or
10. Attempting to do any of the acts described in this Section or assisting or permitting any person in engaging in any of the acts described in this Section.
Compliance with Laws and Regulations:
Users must comply with all applicable laws, regulations, and legal obligations while using Power Hour Game. This includes but is not limited to laws related to data privacy, intellectual property, consumer protection, and online conduct.
Enforcement:
Virtual Team Systems Ltd reserves the right to enforce these user conduct policies through appropriate means, including account suspension, termination, or legal action where necessary. Users found to be in violation of these policies may be subject to disciplinary action, up to and including permanent account termination.
Reporting Violations:
Users who encounter violations of these user conduct policies are encouraged to report them to Virtual Team Systems Ltd immediately. Reports can be submitted through our customer support channels or by emailing [email protected]. We take all reports of misconduct seriously and will investigate and take appropriate action as necessary.
By using Power Hour Game, users agree to abide by these user conduct policies and acknowledge that failure to do so may result in account suspension or termination. We are committed to maintaining a safe, respectful, and productive environment for all users of Power Hour Game.
7. Intellectual Property
Ownership of Power Hour Game:
Power Hour Game, including all software, code, algorithms, designs, and content, is owned and operated by Virtual Team Systems Ltd. Users acknowledge and agree that Virtual Team Systems Ltd retains all rights, title, and interest in and to Power Hour Game, including any updates, enhancements, or modifications made to the service.
User-Generated Content:
Users may generate and contribute content to Power Hour Game, including but not limited to meeting transcripts, summaries, and action items. Users retain ownership of any content they transmit, post, or display through Power Hour Game, subject to the license grant described below.
Your Warranties:
By providing User-Generated Content via the Service, you represent and warrant to us that:
· you own your User-Generated Content, or have the necessary licenses, rights, and consents to grant the licenses to your User-Generated Content under these Terms;
· your User-Generated Content, and the use of your User-Generated Content in accordance with these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; or (iii) cause us to violate any law or regulation; and
· your User-Generated Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
You are responsible for your User Content. Virtual Team Systems Ltd will not be responsible for any User-Generated Content and you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content.
Monitoring:
We do not permit copyright-infringing activities on the Service. We are not obligated to: (a) edit or control any User-Generated Content; or (b) monitor any User-Generated Content or third-party content on the Service or the use of the Service or any content. However, we may investigate and determine in our sole discretion whether any User- Generated Content violates these Terms, and we reserve the right to screen, edit or remove any User Content at any time. You agree that we reserve the right to and may from time to time monitor any User-Generated Content. If we choose to monitor any content, we still assume no responsibility or liability for that content or the use of that content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
License Grant:
By transmitting, posting, or displaying content through Power Hour Game, users grant Virtual Team Systems Ltd a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content as necessary to provide and improve Power Hour Game services.
Third-Party Intellectual Property:
Power Hour Game may incorporate or utilize third-party intellectual property, including software libraries, APIs, and content. Virtual Team Systems Ltd respects the intellectual property rights of others and endeavors to obtain proper authorization for the use of third-party intellectual property in Power Hour Game.
Copyright Infringement:
Virtual Team Systems Ltd respects the intellectual property rights of others and expects users to do the same. If you believe that your copyright or other intellectual property rights have been infringed upon by content transmitted, posted, or displayed through Power Hour Game, please contact us at [email protected] to report the infringement.
Trademarks:
The trademarks, logos, and service marks displayed on Power Hour Game are the property of Virtual Team Systems Ltd or third-party owners. Users are prohibited from using any trademarks, logos, or service marks displayed on Power Hour Game without the prior written consent of Virtual Team Systems Ltd or the respective owner.
Reservation of Rights:
Except as expressly provided herein, no license or right is granted to users under these Terms of Service with respect to Virtual Team Systems Ltd's intellectual property rights. Users agree not to use, copy, modify, or distribute any intellectual property of Virtual Team Systems Ltd without prior written authorization.
Limited Rights:
Subject to your compliance with these Terms, we grant you, solely for your personal and non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) (if applicable) install and use one object code copy of any application associated with the Service on a device that you own or control; and (b) access and use the Service. License
Restrictions:
Unless such a restriction is impermissible under applicable law or the activity is enabled by a functionality of the Service, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with, disable, or circumvent any feature of the Service, including any security features or access control mechanism; or (d) reverse engineer or attempt to discover the source code of any portion of the Service. If you are prohibited under applicable law from using the Service, you may not use it. By using Power Hour Game, users acknowledge and agree to respect the intellectual property rights of Virtual Team Systems Ltd and third parties. Users retain ownership of their content but grant Virtual Team Systems Ltd a license to use such content as necessary to provide and improve Power Hour Game services.
8. Confidentiality
Protection of Confidential Information:
Virtual Team Systems Ltd recognizes the importance of protecting the confidentiality of user information and data transmitted through Power Hour Game. We implement industry-standard security measures to safeguard the confidentiality, integrity, and availability of user data.
Data Privacy and Security Measures:
Virtual Team Systems Ltd complies with applicable data protection laws and regulations, to ensure the privacy and security of user data. We collect, process, and store user information in accordance with our Privacy Policy, which outlines our data handling practices.
Confidentiality Obligations:
Users are responsible for maintaining the confidentiality of any sensitive information or data shared during Zoom meetings or through Power Hour Game. Users must exercise caution when transmitting or posting confidential information and take appropriate measures to protect sensitive data from unauthorized access or disclosure.
Non-Disclosure Agreement (NDA):
Virtual Team Systems Ltd may enter into separate non-disclosure agreements with users or organizations to further protect the confidentiality of sensitive information shared during Zoom meetings or through Power Hour Game. Any NDA agreements shall supplement and not supersede these Terms of Service.
Data Sharing and Disclosure:
Virtual Team Systems Ltd may share user data with third-party service providers or partners as necessary to provide and improve Power Hour Game services. We do not sell or rent user data to third parties for marketing or advertising purposes without user consent.
Security Incident Response:
In the event of a security incident or data breach affecting Power Hour Game, Virtual Team Systems Ltd will promptly notify affected users and take appropriate steps to mitigate the impact of the incident. Users agree to cooperate with Virtual Team Systems Ltd in investigating and addressing security incidents as necessary.
Data Retention and Deletion:
Virtual Team Systems Ltd retains user data only for as long as necessary to fulfill the purposes for which it was collected, as outlined in our Privacy Policy. Upon request, users may have the option to delete their data from Power Hour Game, subject to certain limitations and retention requirements. When you request deletion of any or all of your User-Generated Content, we will do our best to immediately and permanently remove it from the Services. However, you acknowledge that: (a) it may take us some time to remove your User-Generated Content from the Service, and your User-Generated Content may remain accessible or visible to other users during that time; and (b) copies of your User-Generated Content may persist in our back-up servers. When you uninstall or otherwise remove the Service from your device, we will permanently delete your User Content and other data provided by you to us, unless we have your consent to retain it.
By using Power Hour Game, users acknowledge and agree to Virtual Team Systems Ltd's commitment to protecting the confidentiality and privacy of user information and data. We take the security of user data seriously and strive to maintain the highest standards of data protection and confidentiality.
9. Limitation of Liability
Disclaimer of Warranties:
POWER HOUR GAME IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VIRTUAL TEAM SYSTEMS LTD MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF POWER HOUR GAME FOR ANY PARTICULAR PURPOSE. USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF POWER HOUR GAME IS AT THEIR OWN RISK.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL TEAM SYSTEMS LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE POWER HOUR GAME, REGARDLESS OF THE CAUSE OF ACTION, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF VIRTUAL TEAM SYSTEMS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification:
USERS AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS VIRTUAL TEAM SYSTEMS LTD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH THEIR USE OF POWER HOUR GAME, THEIR VIOLATION OF THESE TERMS OF SERVICE, OR THEIR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY.
No Consequential Damages:
In no event shall Virtual Team Systems Ltd's total liability to users for all claims, whether in contract, tort, or otherwise, exceed the total amount paid by users to Virtual Team Systems Ltd for the use of Power Hour Game during the twelve (12) months immediately preceding the date of the claim.
By using Power Hour Game, users acknowledge and agree to the limitations of liability set forth in these Terms of Service. Virtual Team Systems Ltd shall not be liable for any damages or losses arising out of or in connection with the use of Power Hour Game, and users agree to indemnify Virtual Team Systems Ltd against any claims or liabilities arising from their use of the service.
10. Indemnification
User's Obligation to Indemnify:
Users agree to indemnify, defend, and hold harmless Virtual Team Systems Ltd, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with:
a . Their use of Power Hour Game;
b . Their violation of these Terms of Service;
c . Any content they transmit, post, or display through Power Hour Game;
d . Any third-party claims alleging infringement of intellectual property rights or other rights.
Defense of Claims:
Virtual Team Systems Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users. Users agree to cooperate with Virtual Team Systems Ltd in asserting any available defenses and providing assistance as necessary to defend against any claims covered by this indemnification provision.
Notification of Claims:
Users agree to promptly notify Virtual Team Systems Ltd of any claims, lawsuits, or legal proceedings arising out of or related to their use of Power Hour Game, and to provide Virtual Team Systems Ltd with reasonable assistance in defending against such claims.
Limitation of Liability:
The indemnification obligations set forth in this section shall survive the termination or expiration of these Terms of Service and users' use of Power Hour Game. Virtual Team Systems Ltd's total liability to users for all claims subject to indemnification under this section shall be subject to the limitations of liability set forth in Section 9 of these Terms of Service.
By using Power Hour Game, users agree to indemnify and hold harmless Virtual Team Systems Ltd from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to their use of the service. Users agree to cooperate with Virtual Team Systems Ltd in defending against any claims covered by this indemnification provision.
11. Term and Termination
Term:
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described below.
Grounds for Termination:
Virtual Team Systems Ltd reserves the right to terminate or suspend users' access to Power Hour Game at any time, with or without cause, and with or without notice. Grounds for termination or suspension may include, but are not limited to:
a. Violation of these Terms of Service;
b. Failure to pay applicable fees or charges;
c. Engagement in illegal or unauthorized activities;
d .Disruption or misuse of Power Hour Game services;
e. Request by law enforcement or government authorities;
f. Operational or technical reasons.
Effects of Termination:
Upon termination or suspension of users' access to Power Hour Game:
a. Users' rights to access and use Power Hour Game services will cease immediately.
b. Users may lose access to their account, including any data, content, or information stored within Power Hour Game.
c. Virtual Team Systems Ltd may, at its discretion, delete or retain users' account data following termination, subject to any applicable legal or regulatory requirements.
Survival:
The provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 8(Confidentiality), 9 (Limitation of Liability), 10 (Indemnification), and 13 (Governing Law and Dispute Resolution).
User Responsibility:
Users are responsible for backing up any data or content stored within Power Hour Game prior to termination or suspension of their account. Virtual Team Systems Ltd shall not be liable for any loss of data, content, or information resulting from termination or suspension of users' access to Power Hour Game.
Termination by Users:
Users may terminate their account with Power Hour Game at any time by following the account deletion process provided by Virtual Team Systems Ltd. Upon account deletion, users may lose access to their account and any associated data or content.
No Refunds:
Except as provided by applicable law or as otherwise determined by Virtual Team Systems Ltd, users shall not be entitled to any refunds or compensation upon termination or suspension of their access to Power Hour Game. By using Power Hour Game, users acknowledge and agree that Virtual Team Systems Ltd may terminate or suspend their access to the service at any time and for any reason. Users are responsible for backing up any data or content stored within Power Hour Game prior to termination or suspension of their account.
12. Modifications to Terms of Service
Right to Modify Terms:
Virtual Team Systems Ltd reserves the right to modify, amend, or update these Terms of Service at any time, with or without prior notice. Any changes to these Terms of Service will be effective immediately upon posting the updated version on the Power Hour Game website or through other means of notification.
Notification of Changes:
Virtual Team Systems Ltd may notify users of changes to these Terms of Service through email, in-product notifications, or other communication channels. It is users' responsibility to review the updated Terms of Service periodically and to ensure their continued compliance with the terms and conditions outlined therein.
Acceptance of Modifications:
By continuing to access or use Power Hour Game after any modifications to these Terms of Service, users acknowledge and agree to be bound by the updated terms and conditions. If users do not agree to the modified Terms of Service, they must cease using Power Hour Game and terminate their account in accordance with Section 11.
Severability:
If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Service shall remain in full force and effect to the fullest extent permitted by law.
Waiver:
The failure of Virtual Team Systems Ltd to enforce any provision of these Terms of Service shall not constitute a waiver of such provision or any other provision of these Terms of Service, nor shall it affect Virtual Team Systems Ltd's right to enforce such provision at a later time.
Entire Agreement:
These Terms of Service constitute the entire agreement between users and Virtual Team Systems Ltd regarding the use of Power Hour Game and supersede any prior agreements, understandings, or arrangements between the parties, whether oral or written.
Governing Law and Dispute Resolution:
These Terms of Service shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. Any dispute or difference, whether contractual or non-contractual, arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules in force when the notice of arbitration is received by the other party or parties, which rules are deemed to be incorporated by reference in this clause and in Section 13. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VIRTUAL TEAM SYSTEMS LTD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The governing law of this arbitration clause shall be the law of Hong Kong and the seat of arbitration shall be Hong Kong. The number of arbitrator shall be one; unless otherwise agreed by the parties in writing. The arbitration proceedings shall be conducted in English. Despite the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Contact Information:
If users have any questions or concerns about these Terms of Service, they may contact Virtual Team Systems Ltd at [email protected]. By continuing to use Power Hour Game, users agree to be bound by these Terms of Service and any modifications thereto. Users are encouraged to review these Terms of Service periodically for updates and changes.
13. Governing Law and Dispute Resolution
Governing Law:
These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region.
Dispute Resolution:
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including its formation, validity, interpretation, performance, or termination, or the rights and obligations of the parties hereunder, shall be settled by arbitration in accordance with the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules in force at the time of the dispute.
Arbitration Proceedings:
The seat of arbitration shall be Hong Kong, and the language of the arbitration shall be English. The number of arbitrator shall be one, to be appointed in accordance with the HKIAC Administered Arbitration Rules. The arbitral award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction.
Costs and Fees:
The costs of arbitration, including arbitrators' fees and reasonable legal expenses incurred by the prevailing party, shall be borne by the party against whom the award is rendered, unless otherwise determined by the arbitral tribunal. Each party shall bear its own costs and expenses related to the arbitration proceedings.
Injunctive Relief:
Notwithstanding the arbitration provision above, Virtual Team Systems Ltd may seek injunctive or other equitable relief in any court of competent jurisdiction to enforce its intellectual property rights or to prevent imminent harm or damage pending resolution of the dispute through arbitration.
Waiver of Class Actions:
To the fullest extent permitted by law, users waive any right to bring or participate in any class action, collective action, or representative proceeding against Virtual Team Systems Ltd arising out of or in connection with these Terms of Service or the use of Power Hour Game.
Severability:
If any provision of this arbitration section is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall endeavor to substitute a valid, legal, and enforceable provision that achieves, to the extent possible, the intended economic, business, and legal purpose of the invalid, illegal, or unenforceable provision. By using Power Hour Game, users agree to resolve any disputes or claims arising out of or in connection with these Terms of Service through arbitration as outlined above. Users waive their right to participate in class actions against Virtual Team Systems Ltd.
14. Feedback and Suggestions
User Feedback:
Virtual Team Systems Ltd welcomes feedback, suggestions, and ideas from users regarding Power Hour Game. Users may submit feedback through the Power Hour Game website, in-product feedback forms, or by contacting customer support.
Ownership of Feedback:
Any feedback, suggestions, or ideas submitted by users to Virtual Team Systems Ltd shall become the exclusive property of Virtual Team Systems Ltd. Users hereby assign all rights, title, and interest in and to such feedback to Virtual Team Systems Ltd, including any intellectual property rights therein.
Use of Feedback:
Virtual Team Systems Ltd may use, modify, reproduce, disclose, distribute, and exploit any feedback, suggestions, or ideas submitted by users for any purpose, without restriction or compensation to the user. Virtual Team Systems Ltd may incorporate user feedback into future updates, enhancements, or modifications to Power Hour Game without any obligation to the user.
Confidential Information:
Users should not submit any confidential or proprietary information as part of their feedback, suggestions, or ideas. Virtual Team Systems Ltd does not guarantee the confidentiality of any feedback submitted by users and shall not be liable for any use or disclosure of such feedback.
No Obligation to Implement:
Virtual Team Systems Ltd has no obligation to implement any feedback, suggestions, or ideas submitted by users. The decision to incorporate user feedback into Power Hour Game is at the sole discretion of Virtual Team Systems Ltd. By submitting feedback, suggestions, or ideas to Virtual Team Systems Ltd, users acknowledge and agree to the terms outlined in this section. Users grant Virtual Team Systems Ltd the right to use, modify, and exploit their feedback without restriction or compensation.
15. Third-Party Services and Links
Integration with Third-Party Services:
Power Hour Game may integrate with third-party services, platforms, or applications ("Third-Party Services") to enhance functionality or provide additional features. Users acknowledge and agree that their use of Third-Party Services is subject to the terms and conditions of the respective third-party providers, and Virtual Team Systems Ltd shall not be responsible for any actions or omissions of such third parties.
Disclaimer of Endorsement:
The inclusion of links to Third-Party Services within Power Hour Game does not imply endorsement, approval, or sponsorship by Virtual Team Systems Ltd. Virtual Team Systems Ltd disclaims any responsibility for the accuracy, quality, or reliability of Third- Party Services or any content, products, or services offered therein.
Use at Own Risk:
Users access and use Third-Party Services at their own risk. Virtual Team Systems Ltd shall not be liable for any damages or losses arising out of or in connection with users' use of Third-Party Services, including but not limited to data breaches, security vulnerabilities, or financial losses.
Modification or Removal of Links:
Virtual Team Systems Ltd reserves the right to modify or remove links to Third-Party Services within Power Hour Game at any time, with or without notice. Virtual Team Systems Ltd may do so based on changes in functionality, availability, or reliability of Third-Party Services, or for any other reason deemed necessary by Virtual Team Systems Ltd.
No Responsibility for Third-Party Content:
Virtual Team Systems Ltd does not control or endorse any content, products, or services offered by Third-Party Services. Users are solely responsible for evaluating and assessing the suitability, accuracy, and reliability of Third-Party Services and any content accessed therein. By accessing Third-Party Services through Power Hour Game, users acknowledge and agree to the terms and conditions of the respective third-party providers. Users assume all risks associated with their use of Third-Party Services and release Virtual Team Systems Ltd from any liability arising therefrom.
16. Miscellaneous
Assignment:
Users may not assign or transfer their rights or obligations under these Terms of Service to any third party without the prior written consent of Virtual Team Systems Ltd. Virtual Team Systems Ltd may freely assign or transfer its rights and obligations under these Terms of Service without restriction.
Force Majeure and Acts of God:
Virtual Team Systems Ltd shall not be liable for any failure or delay in performing its obligations under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, or internet disruptions.
No Waiver:
The failure of Virtual Team Systems Ltd to enforce any provision of these Terms of Service shall not be construed as a waiver of such provision or any other provision herein. The waiver of any provision of these Terms of Service shall be effective only if in writing and signed by an authorized representative of Virtual Team Systems Ltd.
Relationship of the Parties:
Nothing in these Terms of Service shall be construed as creating a partnership, joint venture, agency, employment, or other similar relationship between users and Virtual Team Systems Ltd. Users agree that they are independent contractors and not employees, agents, or representatives of Virtual Team Systems Ltd.
Notices:
Any notices or communications required or permitted to be given under these Terms of Service shall be in writing and delivered to the respective parties at their addresses specified herein or as otherwise provided by the parties in writing.
Consent to Electronic Communications:
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Entire Agreement:
These Terms of Service, together with any amendments or additional agreements entered into by the parties, constitute the entire agreement between users and Virtual Team Systems Ltd regarding the subject matter herein and supersede all prior agreements, understandings, and arrangements, whether oral or written.
Headings:
The headings used in these Terms of Service are for convenience only and shall not affect the interpretation or construction of the provisions herein.
Language:
These Terms of Service may be translated into multiple languages for the convenience of users. In the event of any inconsistency or discrepancy between the English version and any translated version, the English version shall prevail.
Privacy Policy:
Please read the Power Hour Game Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. Where we have an arrangement in place with a customer who is encouraging you to use our Services (for example, your employer or another business or organization), we in some circumstances obtain and process your personal information on behalf of and at the instructions of such a customer. Their privacy policies will apply to the processing of your information and we encourage you to read their privacy policies.
Contact Information:
If users have any questions or concerns about these Terms of Service, they may contact Virtual Team Systems Ltd at [email protected].
Support:
We will use commercially reasonable efforts to provide prompt and comprehensive support services to our users. If you have a question about the Service, please email us at [email protected]. Zoom has no obligation to provide support services with respect to the Service.
By using Power Hour Game, users agree to be bound by these miscellaneous provisions, which govern various aspects of the relationship between users and Virtual Team Systems Ltd.
17. Acceptance
Use Constitutes Acceptance:
By accessing or using Power Hour Game, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these Terms of Service, you may not access or use Power Hour Game.
Legal Capacity to Accept:
You represent and warrant that you have the legal capacity to enter into these Terms of Service and to abide by all obligations herein. If you are accessing or using Power Hour Game on behalf of an organization, you further represent and warrant that you have the authority to bind that organization to these Terms of Service.
Changes to Terms:
Virtual Team Systems Ltd reserves the right to modify, amend, or update these Terms of Service at any time, with or without notice. Your continued use of Power Hour Game after any such modifications constitutes your acceptance of the updated Terms of Service. It is your responsibility to review these Terms of Service periodically for changes.
Electronic Agreement:
By accessing or using Power Hour Game, you agree to be bound by these Terms of Service electronically. Your electronic acceptance of these Terms of Service has the same legal effect as if you had physically signed an agreement. You further consent to receive communications from Virtual Team Systems Ltd electronically.
Non-Endorsement of Products or Services:
Your use of Power Hour Game does not imply endorsement by Virtual Team Systems Ltd of any products, services, or opinions presented on Power Hour Game or linked from Power Hour Game. Virtual Team Systems Ltd does not endorse or make any representations about third-party websites, applications, or resources linked to or from Power Hour Game.
Termination of Agreement:
These Terms of Service remain in effect until terminated by either party. You may terminate these Terms of Service by ceasing to use Power Hour Game and deleting your account. Virtual Team Systems Ltd may terminate these Terms of Service at any time, with or without notice, if you fail to comply with any provision of these Terms of Service.
Survival Clause:
Sections 7 (Intellectual Property), 8 (Confidentiality), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law and Dispute Resolution), and any other provisions that by their nature should survive termination, shall survive any termination of these Terms of Service.
By accessing or using Power Hour Game, you acknowledge and agree to all terms and conditions set forth in these Terms of Service. If you do not agree with these terms, you should not access or use Power Hour Game.
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