These Terms of Service, together with the Privacy Policy, Community Guidelines, Copyright Policy, and any additional terms presented for a particular feature or transaction (collectively, the "Terms"), govern your access to and use of Varsly's websites, mobile applications, content, products, and services (collectively, the "Service"). By creating an account, selecting an acceptance mechanism, purchasing a subscription, or accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not access or use the Service.
If you use the Service on behalf of an organization, team, school, or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes both you and that entity. Certain provisions may not apply where prohibited by applicable law. In addition, you represent that you are not misappropriating or misusing the entity's intellectual property.
You must be at least 16 years old to use the Service. If you are at least 16 but under 18, you represent that you have your parent's or legal guardian's permission to use the Service and that they have reviewed and agree to these Terms on your behalf, and Varsly may require confirmation of that permission at its discretion. By accessing or using the Service, you represent and warrant that you satisfy these requirements and are not prohibited from using the Service under applicable law.
Varsly may request information reasonably necessary to verify your identity, age, eligibility, school or team affiliation, or other account information. Varsly may refuse, suspend, restrict, or terminate access if it cannot verify the information or reasonably believes the information is inaccurate, misleading, or incomplete. If Varsly learns that a user is under 16, Varsly may terminate the account and delete or restrict associated information, subject to applicable law and legitimate retention needs.
Varsly is a sport-focused social platform for current and former college athletes, coaches, and related community members. Features may include feeds, posts, comments, reactions, reposts, hashtags, direct messages, team group chats, profiles, school and coaching history claims, verification, artificial intelligence-assisted suggestions, reporting and blocking tools, notifications, an anonymous Clubhouse presence with its own independent identity separate from your real profile, Player Cards and Clubhouse Cards that you can customize and that other users may vote on, Varsly Games team leagues (including league Team Chat and weekly mini-games such as Gym, Picks, Roast, and Lightning Trivia), Picks of the Day and College Picks, and Ball Knowledge, a progression stat that also unlocks card cosmetics as it grows.
Varsly may modify, suspend, discontinue, restrict, or impose limits on any portion of the Service at any time, with or without notice, subject to applicable law. Varsly does not guarantee that any feature, content, message, profile, Virtual Credit, or other data will remain available, accurate, complete, uninterrupted, secure, or compatible with future versions.
You may sign in through third-party authentication providers, such as Google or Apple. You are responsible for maintaining the confidentiality and control of your credentials and devices and for all activity conducted through your account, whether or not authorized by you. You must promptly notify Varsly of suspected unauthorized access.
One account may be tied to one sport lane. You must provide accurate, current, and complete information and keep it updated. You may not sell, transfer, share, or permit another person to use your account; create accounts in bulk; use another person's credentials; or evade a suspension or restriction. Varsly may require additional authentication or verification. You may request account deletion through Settings, subject to Varsly's lawful retention rights.
Varsly may permit you to maintain a Clubhouse identity alongside your public profile. A Clubhouse identity is anonymous: it has its own independent display name, avatar, banner, and bio that you choose, separate from your real profile, and Varsly does not display your real name, school, username, or profile photo next to it. Other users cannot navigate from your Clubhouse identity to your real profile, and Varsly does not link the two for other users.
Varsly may internally associate your profile, Clubhouse identity, devices, identifiers, messages, and activity connected with an account for administration, security, fraud prevention, content moderation, legal compliance, enforcement, and purposes described in the Privacy Policy. Anonymity from other users does not mean anonymity from Varsly: we can still identify the account behind a Clubhouse identity when necessary for those purposes.
You may not use a Clubhouse identity, display name, or any other identity feature to evade enforcement, account restrictions, blocks, reporting tools, legal obligations, or another person's safety or privacy choices, or to impersonate or harass another identifiable person. Varsly may restrict or disclose information about a Clubhouse identity when it reasonably believes disclosure is necessary to comply with law or legal process, protect any person, investigate misconduct, prevent fraud or abuse, or enforce these Terms.
Varsly's Clubhouse feed ranking may show you more content from people at your own real school, determined internally from your account and never revealed to you or to them. Some Clubhouse posts are visible only to members of a specific school's Clubhouse. Other users may copy, record, photograph, screenshot, disclose, or redistribute content or communications, including photos submitted through features like Roast (Section 14). Varsly does not guarantee that content shared through a Clubhouse identity, direct message, group chat, Team Chat, or other feature will remain private, confidential, or anonymous if a reader recognizes you from what you write.
You retain any ownership rights you have in content you submit, upload, post, transmit, display, or otherwise make available through the Service, including text, photographs, videos, audio, profiles, claims, comments, messages, and feedback ("User Content").
By providing User Content, you grant Varsly and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, cache, reproduce, modify, adapt, translate, create derivative works from, analyze, distribute, transmit, publicly perform, publicly display, communicate, format, publish, and otherwise use User Content to operate, provide, secure, improve, develop, test, promote, and market the Service and Varsly's business. This license includes the right to use your name, username, image, voice, likeness, profile information, and other identifying elements included in or associated with User Content, subject to the Privacy Policy and applicable law.
The license continues while User Content remains on the Service and for a commercially reasonable period afterward to permit deletion from active systems. Copies may remain in backups, legal-preservation systems, content shared or saved by other users, and records Varsly must retain for security, legal, regulatory, or enforcement purposes. Deleting an account or item does not require Varsly to retrieve or delete copies previously shared with, reproduced by, or lawfully sublicensed to others.
You represent and warrant that you own or have all rights, permissions, licenses, and consents needed for the User Content and Varsly's permitted use; the User Content and its use do not infringe copyright, trademark, publicity, privacy, confidentiality, contract, intellectual-property, or other rights; factual claims are accurate and not fraudulent, deceptive, defamatory, or unlawful; you have obtained legally sufficient consent from each identifiable person; and you will not upload confidential, privileged, restricted, or proprietary information without authority.
You are solely responsible for clearing and maintaining all rights required for any name, image, likeness, voice, signature, jersey number, statistics, biographical information, persona, endorsement, sponsorship, team, school, league, conference, collective, athlete-agent, or similar rights reflected in or implicated by User Content. This includes rights arising under name-image-and-likeness agreements, endorsement agreements, sponsorship agreements, exclusive licensing arrangements, right-of-publicity laws, trademark laws, contract terms, team or school policies, and applicable athletic association, conference, or league rules.
Varsly is not obligated to use, maintain, distribute, or compensate you for User Content. Varsly may remove, restrict, preserve, or disclose User Content as permitted by these Terms, the Privacy Policy, or applicable law.
The Service and all content made available through it, excluding User Content owned by users, including Varsly's software, interfaces, designs, layouts, compilations, databases, directories, rankings, recommendations, graphics, text, audiovisual material, trademarks, and other materials ("Varsly Content"), are owned by or licensed to Varsly and protected by intellectual-property and other laws.
Subject to these Terms, Varsly grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Service for its intended, noncommercial purpose. No ownership right is transferred to you.
Except through a sharing feature Varsly expressly provides or with Varsly's prior written permission, you may not: copy, reproduce, download, record, screenshot, archive, republish, upload, transmit, broadcast, display, distribute, sell, license, syndicate, or create derivative works from Varsly Content or content obtained through the Service. Scrape, crawl, spider, index, mine, harvest, extract, aggregate, cache, mirror, or systematically collect content, messages, profiles, contact information, school information, team information, or other data. Use content or data from the Service to create, train, test, validate, fine-tune, benchmark, operate, or improve any artificial intelligence, machine-learning, facial-recognition, biometric, automated-decision, or similar system. Use the Service or its content to develop, market, or operate a competing product, database, directory, recruiting service, advertising list, or commercial offering. Remove or alter copyright, trademark, attribution, rights-management, confidentiality, privacy, safety, or proprietary notices; bypass access controls, robots-exclusion controls, rate limits, privacy settings, or content protections; or use another user's content outside the Service without all required authorization.
Access to content does not grant permission to reproduce or use it. You are responsible for determining whether you have the necessary rights before reproducing material obtained through the Service. Varsly may use technical measures and pursue legal or equitable remedies to prevent or address unauthorized access, extraction, or reproduction.
You may add schools, playing history, coaching stints, and related information only if truthful, current, and supported by information you are authorized to provide. Varsly does not guarantee the identity, qualifications, eligibility, affiliation, accuracy, or completeness of user-submitted claims, directory entries, roster suggestions, or verification indicators. Verification is not an endorsement or guarantee.
Varsly may request substantiation and may remove, correct, label, restrict, or decline claims that appear false, misleading, outdated, duplicated, unauthorized, or abusive. Coach access to team group chats may require player approval and may be denied or revoked at any time. You are responsible for compliance with applicable school, team, league, recruiting, eligibility, name-image-and-likeness, employment, agency, and contractual rules.
Varsly does not verify, approve, police, or guarantee compliance with name-image-and-likeness agreements, endorsement restrictions, sponsorship obligations, exclusivity provisions, athlete-agent rules, collective rules, school or team policies, or similar contractual or regulatory obligations. Varsly may remove, restrict, label, disable, demonetize, or decline to promote any content, profile claim, affiliation, or feature use that Varsly reasonably believes may violate another person's publicity rights, intellectual-property rights, contractual rights, endorsement rights, school or team rules, athletic association rules, or applicable law.
You may not use the Service to: harass, threaten, stalk, exploit, discriminate against, defame, or abuse any person; solicit, encourage, facilitate, or threaten violence, self-harm, trafficking, exploitation, or unlawful conduct; or post hateful or violent content. Post or distribute nonconsensual intimate imagery, digitally altered intimate imagery, sexual deepfakes, content exploiting or endangering a minor, or another person's sensitive information without lawful authority. Impersonate another person or entity; falsely claim affiliation with a school, team, league, employer, coach, athlete, or organization; or misrepresent identity, qualifications, eligibility, or verification. Infringe intellectual-property, privacy, publicity, confidentiality, contractual, or other rights; upload malware; obtain credentials or communications; conduct unauthorized security testing; interfere with the Service; or bypass blocks, moderation, access controls, or technical protections. Send unauthorized advertising, recruiting solicitations, referral schemes, phishing, or spam; manipulate engagement; use bots or automation without written authorization; create accounts in bulk; or buy, sell, transfer, or share accounts. Use information obtained through Varsly to stalk, profile, discriminate against, surveil, or make unlawful eligibility, employment, housing, credit, insurance, or similar decisions about another person. Use the Service for unlawful gambling, wagering, or contests; violate school, league, recruiting, athlete-agent, endorsement, or compensation rules; or use Varsly for any unlawful, fraudulent, or unauthorized commercial purpose.
Varsly may, but is not obligated to, monitor, review, screen, filter, retain, restrict, remove, label, reduce distribution of, or disclose content or activity. Varsly may take any action it reasonably considers appropriate, including warning users, limiting functionality, removing content, preserving evidence, suspending or terminating accounts, blocking devices or identifiers, reversing verification, and referring matters to law enforcement or other authorities.
Varsly does not endorse User Content and does not guarantee that content will be accurate, safe, lawful, or removed. Reports, human review, and automated systems may be incomplete, inaccurate, or delayed. Varsly's action or failure to act in one instance does not create a duty to act in another or waive any right.
You may report content, profiles, Clubhouse identities, accounts, or conduct that you believe violates these Terms. You may block or mute users. Varsly may establish separate procedures for copyright claims, privacy complaints, threats, impersonation, nonconsensual intimate imagery, and other regulated content. You may not misuse reporting systems or knowingly submit false reports.
Varsly may establish or use reporting, review, and removal processes for alleged violations of name-image-and-likeness rights, publicity rights, endorsement or sponsorship rights, trademark rights, privacy rights, confidentiality obligations, school or team rules, athlete-agent restrictions, and other contractual or legal restrictions. Varsly may require sufficient information to evaluate a request and may reject incomplete, abusive, false, or unsupported reports.
Varsly may preserve and disclose account information, communications, content, and technical records when reasonably necessary to address an emergency, prevent harm, investigate suspected misconduct, comply with law or legal process, or protect Varsly's or another person's rights, subject to applicable law. Varsly is not an emergency service and does not undertake a duty to monitor communications or contact emergency responders. If you believe anyone is in immediate danger, contact local emergency services.
Where applicable law requires a designated reporting or removal process, Varsly may require a complete and valid request and may remove or disable access to qualifying material and known identical copies within the period required by law.
Messages and group chats are provided for user communications and may be reviewed, preserved, processed, or disclosed for safety, moderation, security, legal compliance, enforcement, and Service operations as described in the Privacy Policy. Do not use communications for unlawful, harassing, infringing, deceptive, or unsolicited commercial activity.
Users should not send information they expect to remain confidential. Varsly does not guarantee delivery, retention, encryption, deletion, confidentiality, or availability of communications. Deletion by one user may not delete copies held by recipients, in screenshots, in backups, or in records retained for legitimate purposes. Other participants may report or reproduce communications.
Varsly and its branding, software, designs, original content, and other Varsly Content are owned by Varsly or its licensors and protected by intellectual-property laws. No use of Varsly's names, marks, logos, or branding is permitted without prior written authorization.
Varsly respects intellectual-property rights and may remove or disable access to material it believes infringes another person's rights. Varsly maintains a policy providing for termination, in appropriate circumstances, of users it considers repeat infringers.
A copyright notification must include the information required by 17 U.S.C. § 512(c)(3), including identification of the copyrighted work; identification and location of the allegedly infringing material; the claimant's contact information; required good-faith and accuracy statements; and a physical or electronic signature. Varsly may provide the notice, including claimant contact information, to the affected user.
A user may submit a counter-notification satisfying 17 U.S.C. § 512(g). Varsly may restore material as permitted by law unless the claimant timely notifies Varsly that it filed an action seeking a court order. Knowingly submitting a materially false notice or counter-notification may create liability. Notices must be sent to Varsly's registered Digital Millennium Copyright Act (DMCA) agent at the contact information published on Varsly's Copyright Policy page and registered with the United States Copyright Office.
Varsly Games uses your real player identity, not a Clubhouse identity. It lets you join or start a season-long league tied to a real team, play weekly mini-games against a matched opponent (including Gym, Picks, Roast, and Lightning Trivia), chat with your league roster in Team Chat, and see league standings on a points-based leaderboard. League captains are responsible for their league's name, schedule, and roster, and may edit or delete a league they created. Varsly does not guarantee that a league, matchup, or season will run to completion, and Varsly may remove a league, matchup, or league member as permitted by these Terms.
Roast asks you to submit a photo of your matched opponent for the rest of your league's roster to vote on. You are responsible for only submitting photos you have the right to share and that comply with Section 9 (Acceptable Use) and the Community Guidelines; Varsly may remove a submission, suspend the feature in your league, or take other enforcement action it considers appropriate.
Player Cards and Clubhouse Cards let you create a customizable card tied to your real profile or your Clubhouse identity, with a title, border, and back-of-card text you choose; some customization options unlock only once your Ball Knowledge level is high enough. Other users may view your card and vote on whether you're a "Ball Knower," which earns Ball Knowledge XP for the voter and, if the vote is favorable, for the card's owner. Voting on a Clubhouse Card does not reveal the owner's real identity to the voter or to any other user. Ball Knowledge XP earned through voting, picks, Varsly Games, or any other feature only unlocks card cosmetics and the progression milestones described below — it is not exchanged for, and does not grant, card packs, loot boxes, or other randomized items.
Separately, Picks of the Day and College Picks let you make picks against third-party sports schedules. Using these features, Varsly Games mini-games, and card voting earns Ball Knowledge: a level, tier, streak, and lifetime experience total that only ever increases and is never spent, wagered, or put at risk. Your Ball Knowledge level, tier, and related statistics are private to you and are not displayed to other users, ranked, or placed on a leaderboard. Varsly may change what, if anything, is shown to you or to other users about Ball Knowledge at any time.
Ball Knowledge, Varsly Games results, and similar in-game counters (collectively, "Virtual Credits") are limited, revocable contractual permissions to interact with designated features. Virtual Credits are not money, currency, deposits, stored value, securities, property, prizes, or transferable rights. Varsly does not sell Virtual Credits for money, permit cash-out, award goods or prizes based on them, or authorize their sale, transfer, exchange, or use outside the Service. No paid feature of the Service increases Virtual Credits, changes outcomes, or provides an advantage in Varsly Games or Picks.
Varsly may issue, modify, limit, freeze, expire, reset, or revoke Virtual Credits and may modify, suspend, restrict, or discontinue Varsly Games, Picks, or Ball Knowledge features at any time without compensation, subject to applicable law. Varsly may restrict features based on age, location, device, account status, or legal or business considerations.
You may not sell, purchase, trade, transfer, wager, pledge, solicit, or represent Virtual Credits as having value. Unauthorized markets or transactions are void. Varsly makes no representation that a Varsly Games or Picks feature is lawful or available in every jurisdiction, and you may not access a feature where prohibited.
Varsly does not currently offer any paid subscription, in-app purchase, or other paid feature. The Service is free to use.
If Varsly introduces a paid subscription or in-app purchase in the future, Varsly will present the applicable price, billing frequency, renewal terms, and material restrictions before purchase, and this section will be updated to describe how such purchases, autorenewal, and cancellation work before they become available. Any such purchase would be subject to the payment, cancellation, and refund terms of the applicable app store, and to the applicable app store operator's own age-verification, parental-control, and purchase-approval settings (such as Ask to Buy or Screen Time on iOS) for users under 18.
The Service may rely on or link to third-party providers, websites, authentication services, analytics, advertisements, sports schedules, statistics, data feeds, products, or content. Third-party services are governed by their own terms and privacy policies. Varsly does not control, endorse, or assume responsibility for third-party services or content and is not responsible for their availability, accuracy, security, practices, or acts or omissions.
Your dealings with third parties, including advertisers, schools, teams, leagues, recruiters, agents, coaches, athletes, and other users, are solely between you and those third parties.
Artificial intelligence-assisted outputs, recommendations, matches, moderation signals, team suggestions, and other automated features may be incomplete, inaccurate, outdated, biased, or inappropriate. They are provided for convenience only, are not verified facts or professional advice, and must not be used as the sole basis for consequential decisions.
You are responsible for independently reviewing information before relying on it. Varsly may use automated systems to process content and activity as described in the Privacy Policy but does not guarantee that automated systems will identify, prevent, or correct every error, violation, or harmful condition.
Varsly's collection, use, retention, disclosure, and protection of personal information are described in the Privacy Policy, which is incorporated into these Terms. You consent to Varsly's electronic collection and processing practices to the extent described there and permitted by law.
You are responsible for obtaining any notices, consents, or permissions required before providing another person's personal information. No security measure is perfect, and Varsly does not guarantee that unauthorized access, use, or disclosure will never occur.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, VARSLY CONTENT, USER CONTENT, ARTIFICIAL INTELLIGENCE-ASSISTED FEATURES, VERIFICATION, PROFILES, MESSAGES, THIRD-PARTY CONTENT, VARSLY GAMES AND PICKS, AND VIRTUAL CREDITS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, OR COURSE OF DEALING.
VARSLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE; THAT CONTENT OR DATA WILL BE PRESERVED; THAT USERS ARE WHO THEY CLAIM TO BE; OR THAT PROFILES, AFFILIATIONS, ELIGIBILITY, HISTORY, VERIFICATION, RECOMMENDATIONS, ARTIFICIAL INTELLIGENCE OUTPUTS, SPORTS DATA, OR OTHER INFORMATION ARE ACCURATE OR COMPLETE.
VARSLY DOES NOT PROVIDE LEGAL, MEDICAL, FINANCIAL, RECRUITING, EMPLOYMENT, ELIGIBILITY, SAFETY, OR OTHER PROFESSIONAL ADVICE. YOU ASSUME ALL RISK ARISING FROM ONLINE OR OFFLINE INTERACTIONS WITH USERS AND THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARSLY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES; OR DAMAGES ARISING FROM USER CONTENT, THIRD-PARTY CONDUCT, UNAUTHORIZED ACCESS, ACCOUNT COMPROMISE, CONTENT LOSS, OFFLINE INTERACTIONS, RELIANCE ON PROFILES OR RECOMMENDATIONS, ARTIFICIAL INTELLIGENCE OUTPUTS, SPORTS DATA, OR UNAUTHORIZED COPYING, DISCLOSURE, OR REPRODUCTION BY ANOTHER USER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VARSLY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID VARSLY DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) FIFTY U.S. DOLLARS (US$50). THESE LIMITATIONS APPLY REGARDLESS OF THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY.
You will defend, indemnify, and hold harmless Varsly, its affiliates, and their respective officers, directors, employees, contractors, licensors, service providers, successors, and assigns from and against claims, demands, proceedings, liabilities, damages, judgments, settlements, penalties, fines, losses, and expenses, including reasonable attorneys' fees, arising from or relating to your User Content; activity through your account; use or misuse of the Service; reproduction or use of content obtained through the Service; interaction with another user; violation of these Terms, applicable law, or another person's rights; any alleged or actual infringement, misappropriation, or violation of intellectual-property rights, publicity rights, privacy rights, name-image-and-likeness rights, endorsement rights, sponsorship rights, contractual rights, school or team rules, athletic association rules, conference rules, league rules, athlete-agent restrictions, or collective obligations; or any false or misleading representation you make.
Varsly may control the defense and settlement of any matter subject to indemnification, and you will reasonably cooperate. You may not settle any matter in a manner that imposes liability, obligations, admissions, or restrictions on Varsly without Varsly's prior written consent.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before initiating a formal claim, you and Varsly must send written notice describing the dispute and requested relief and attempt in good faith to resolve it informally for 30 days.
Except for qualifying individual small-claims matters and claims seeking injunctive relief for infringement, unauthorized access, misuse of intellectual property, or violation of content-extraction restrictions, disputes arising out of or relating to the Service or these Terms will be resolved by binding arbitration on an individual basis under the Federal Arbitration Act. Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms. Hearings may be conducted remotely unless the arbitrator requires otherwise.
YOU AND VARSLY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION, TO THE FULLEST EXTENT PERMITTED BY LAW. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF.
If you are under 18 at the time a dispute arises, the binding-arbitration, class-action-waiver, and jury-trial-waiver provisions of this Section do not apply to you. Disputes involving a user under 18 will instead be resolved in the state or federal courts located in Delaware, as described in the Governing Law section below. The informal-resolution and notice requirements of this Section still apply.
You may opt out of arbitration by sending written notice to legal@varsly.app within 30 days after first accepting these Terms. The notice must identify your account and clearly state your decision to opt out. Opting out does not affect other provisions.
If 25 or more substantially similar demands are filed against the same party by coordinated counsel, the administrator may group them into batches of up to 25 for staged resolution. No new batch proceeds until the prior batch concludes or the parties agree otherwise. This batching clause does not authorize class arbitration.
If any part of this Section is unenforceable, it will be severed to the minimum extent necessary, except that if the class-action waiver is unenforceable as to a particular claim, that claim must proceed in court rather than class arbitration.
These Terms are governed by Delaware law, without regard to conflict-of-law rules, except to the extent federal law governs or mandatory law provides otherwise. For disputes not subject to arbitration, you and Varsly consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware and waive objections based on inconvenient forum, subject to applicable law.
Varsly may update these Terms from time to time. For material changes, Varsly will provide notice through the Service, by email, or by another reasonable method when required by law. The "Last updated" date and version identifier will change.
Unless applicable law requires affirmative consent, continued access or use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and cancel any subscription. Changes to the arbitration provision will apply only as permitted by law.
You may stop using Varsly and request account deletion at any time. Varsly may suspend, restrict, or terminate access immediately, with or without notice, if Varsly reasonably believes you violated these Terms; created risk or legal exposure; engaged in fraud, abuse, infringement, or unlawful conduct; failed to pay amounts due; or if suspension or termination is required for security, operational, or legal reasons.
Upon termination, your license to use the Service ends. Virtual Credits are forfeited without refund, payout, or compensation. Varsly may delete or retain account information and content as permitted by the Privacy Policy and applicable law. Sections that by their nature should survive will survive, including intellectual-property rights, licenses already granted, restrictions on reproduction and extraction, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and general terms.
You consent to receive agreements, disclosures, notices, records, and other communications electronically, including by email, in-app notice, or posting through the Service. Electronic communications satisfy legal writing requirements to the extent permitted by law. You are responsible for maintaining a current email address and reviewing notices. Marketing communications may be subject to separate consent and opt-out rights.
These Terms constitute the entire agreement between you and Varsly concerning the Service and supersede prior or contemporaneous understandings on that subject. Additional feature-specific terms control in the event of a direct conflict for that feature.
Varsly may assign these Terms or any rights or obligations without restriction. You may not assign or transfer these Terms without Varsly's prior written consent. No waiver is effective unless in writing, and failure to enforce a provision is not a waiver.
Varsly may assign, transfer, delegate, or novate these Terms, accounts, subscriptions, licenses, rights, obligations, User Content, Varsly Content, records, and information associated with the Service, in whole or in part, without notice or consent, in connection with any merger, acquisition, financing, reorganization, sale of assets, change of control, or similar transaction, subject to the Privacy Policy and applicable law. These Terms will bind and benefit Varsly's successors and assigns.
If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect, except as specifically provided in the arbitration section. Headings are for convenience only. "Including" means "including without limitation." No agency, partnership, joint venture, employment, fiduciary, or franchise relationship is created.
Varsly is not liable for delay or failure caused by events beyond its reasonable control. You may not export or use the Service in violation of United States export-control or sanctions laws.
Questions about these Terms: legal@varsly.app. Privacy requests: privacy@varsly.app. Copyright and Digital Millennium Copyright Act notices: Varsly's designated agent at dmca@varsly.app and the contact information listed in Varsly's Copyright Policy. Safety and nonconsensual-image requests: the reporting method identified in the Service or Safety Center.
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