Zovian

Platform Terms of Use

Last Modified:

IMPORTANT NOTICE: Please read these Terms of Use carefully before using the Zovian platform. Section 19 (Dispute Resolution) contains a binding arbitration clause and class action waiver that affects your legal rights.

Contents

Contents

  1. 1Acceptance of Terms
  2. 2Eligibility
  3. 3Accounts
  4. 4License to Use the Platform
  5. 5Wallet; Tickets, Points, and Experience
  6. 6Payments
  7. 7Tournaments
  8. 8Hosts and Tournament Organizers
  9. 9Your Content
  10. 10Streaming
  11. 11Prohibited Conduct
  12. 12Copyright; DMCA
  13. 13Third-Party Links and Services
  14. 14Privacy
  15. 15Modifications to the Platform
  16. 16Disclaimer of Warranties
  17. 17Limitation of Liability
  18. 18Indemnification
  19. 19Dispute Resolution
  20. 20General

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the Zovian platform, including the software applications, websites, and all related services (collectively, the “Platform”), provided by Zovian Games LLC (“Zovian,” “we,” “our,” or “us”). By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

These Terms incorporate our Privacy Policy, Tournament Official Rules, and Moderation and Penalty Process, each of which is available on the Platform and are part of the agreement between you and Zovian.

2. Eligibility

To create an account or use any feature of the Platform that requires an account, you must:

  • be a legal resident of the 50 United States or the District of Columbia;
  • be at least the age of majority in your state of residence; and
  • not have been previously suspended or banned from the Platform.

You may view the publicly available areas of the Platform without an account only if you are at least 13 years old. These Terms apply to all use of the Platform, with or without an account.

If you are using the Platform on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.

3. Accounts

3.1

Registration. You must create an account to use most features of the Platform. You agree to provide accurate, current, and complete information when registering and to keep that information updated. Accounts are free. Zovian may limit new accounts to users who receive an invitation, including through a waitlist, and decides in its discretion when to issue invitations. Joining the waitlist does not create an account, and only users who meet the requirements in Section 2 may create one when invited.

3.2

One Account Per Person. Each person may hold only one account. Creating multiple accounts is prohibited and may result in suspension of all affected accounts. Each account may be used only by the person who registered it. You may not share your account or let anyone else use it, including to compete, stream, or submit scores for you.

3.3

Security. You are responsible for all activity that occurs under your account. Keep your credentials secure and notify us immediately at contact@zovian.com if you suspect unauthorized access.

3.4

Username Standards. Your username may not:

  • impersonate any person or entity;
  • incorporate vulgar, offensive, or sexually suggestive language;
  • infringe any trademark or intellectual property right; or
  • promote a commercial product or service.

Zovian may require you to change a username that violates these standards, and may suspend or terminate your account if you fail to comply.

3.5

Account Transfers. You may not buy, sell, gift, or transfer your account to any other person. Zovian owns all accounts and the content associated with them.

3.6

Account Suspension and Termination. Zovian may suspend or terminate your account at any time, with or without notice, if we determine in our discretion that you have violated these Terms or that continued access would harm the Platform, its users, or Zovian. We are not liable to you for any consequences of suspension or termination. Provisions that by their nature survive termination will remain in effect.

4. License to Use the Platform

Zovian grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal use, subject to these Terms. Earning Points, prizes, and host proceeds through the Platform’s features, and monetizing your own streams on a third-party streaming platform, are permitted personal uses. You may not otherwise use the Platform for a commercial purpose without Zovian’s prior written consent. You also may not:

  • copy, modify, distribute, or create derivative works based on the Platform or its content;
  • reverse engineer, decompile, or attempt to extract source code from the Platform;
  • use automated tools (bots, scrapers, crawlers) to access or collect data from the Platform;
  • rent, lease, sell, or sublicense access to the Platform; or
  • use the Platform in any way that interferes with its operation or the experience of other users.

5. Wallet; Tickets, Points, and Experience

5.1

Your Wallet. Each account includes a digital wallet that holds two types of platform currency: Tickets and Points. Your wallet balances are shown on your account dashboard.

5.2

Tickets. “Tickets” are Zovian’s entry currency, purchased with real money through either Zovian directly or a third-party payment processor, at Zovian’s discretion. Tickets are used to register for tournaments, create or sponsor tournaments, access certain Platform features, and buy cosmetics.

  • Purchases are final. All Ticket purchases are non-refundable, except as expressly provided in the Tournament Official Rules (e.g., withdrawal before the registration window closes).
  • No cash value. Tickets have no cash value and may not be redeemed for real money.
  • No expiration. Tickets do not expire as long as your account remains in good standing.
  • Non-transferable. Tickets may not be transferred, gifted, or sold to other users outside of authorized Platform features.
5.3

Points. “Points” are Zovian’s reward currency, earned by participating in and winning tournaments, hosting tournaments, and through other platform activities.

  • Redemption options. You may redeem Points for Tickets or for real-world value through a redemption service made available on the Platform.
  • Points value. Points are a reward currency, not money, and their value is not tied to the US dollar or any other currency. The current rate for redeeming Points is shown on the Platform. Zovian may change that rate, for example to reflect changes in payment processing costs. If Zovian lowers the rate at which Points redeem for real-world value, Zovian will notify you at least 30 days before the change takes effect, so that you can redeem your Points at the existing rate first.
  • No expiration. Points do not expire as long as your account remains in good standing.
  • Non-transferable. Points may not be transferred, gifted, or sold outside of authorized Platform features.
5.4

Withdrawals and Cash-Outs. To redeem Points for real-world value, you must:

  • have a valid account in good standing;
  • complete any identity verification required by Zovian or its third-party payment processor;
  • meet any minimum balance threshold displayed in your account dashboard; and
  • connect a qualifying bank account or other payout method through Zovian’s third-party payment processor.

Zovian will process approved redemptions within a reasonable time, provided that any redemption may be subject to delays, including those related to Zovian’s third-party payment processor, if applicable. Zovian may withhold, delay, or deny a redemption request if we suspect fraud, a violation of these Terms, or if legal or regulatory requirements apply.

Zovian’s third-party payment processor handles identity verification and collects your bank account and tax information directly, under its own terms and privacy policy. You are solely responsible for providing accurate information to Zovian and its third-party payment processor, including your bank account and other payout details. Zovian is not responsible for any failed withdrawals due to such inaccurate information, or for any dispute between you and any third-party payment processor.

You are responsible for all taxes on any amounts you receive. Zovian may report redemptions to tax authorities as required by law.

5.5

Forfeiture of Wallet Balance. If your account is suspended or terminated for a violation of these Terms, you may forfeit all Tickets and Points in your wallet, and Zovian will have no obligation to return them or compensate you for their value. If your account is closed voluntarily and you have unredeemed Points, please contact contact@zovian.com before closing your account.

5.6

No Real-World Trading. Trading, selling, or exchanging Tickets or Points for real money or items of value outside of Zovian’s authorized platform features is prohibited and may result in account termination and forfeiture of your entire wallet balance.

5.7

Experience. “Experience” is a progression reward that you earn by engaging meaningfully with the Platform, such as by participating in, hosting, watching, or moderating tournaments. The ways to earn Experience will change as the Platform grows. You may use Experience to unlock rewards that Zovian makes available, such as cosmetics, badges, or non-essential Platform features. Some of those rewards, such as cosmetics, can also be bought directly with Tickets. Experience is not held in your wallet and has no cash value. You may not redeem, exchange, or convert Experience for real money, Tickets, or Points, or transfer, gift, or sell it. Zovian may change how Experience is earned and what it unlocks. Experience may be reduced or removed as a penalty under the Moderation and Penalty Process, and is forfeited if your account is terminated.

6. Payments

6.1

Payment Processing. Ticket purchases, Points redemptions, and other payments on the Platform are processed by our third-party payment processors engaged for this purpose. By making a purchase or redemption, you agree to the applicable terms of those processors. Zovian does not store your full payment card information.

6.2

Accurate Information. You represent that all payment information you provide is accurate and that you are authorized to use the payment method. You are responsible for all charges incurred under your account, including unauthorized charges resulting from your failure to secure your account.

6.3

Fees. Zovian may charge fees on Ticket purchases and Points redemptions. Some of these fees pass through charges from Zovian’s payment processors. Any applicable fee will be displayed before you complete the transaction.

6.4

Taxes. You are responsible for all applicable taxes on purchases and prize redemptions. Zovian will issue tax reporting documents as required by law, including a Form 1099 for prizes and payouts that meet the IRS reporting threshold.

6.5

Chargebacks. Initiating a chargeback or payment dispute for a transaction that you authorized (or that was authorized under your account) is a violation of these Terms and may result in immediate account suspension and forfeiture of your wallet balance. If you believe a charge was made in error, contact us at contact@zovian.com before initiating a dispute with your payment provider.

7. Tournaments

7.1

Tournament Official Rules. All tournaments hosted on the Platform are governed by the Zovian Tournament Official Rules, which are available at zovian.com/rules and are part of these Terms. By registering for or hosting a tournament, you agree to the Tournament Official Rules.

7.2

Platform Owner. Zovian is the owner of the Platform and sponsor of all platform-level prizes. Individual tournament hosts are responsible for administering their own tournaments in accordance with the Tournament Official Rules. Zovian is not responsible for a host’s failure to properly administer a tournament, except as expressly stated in the Tournament Official Rules.

7.3

Prize Pools. Prize pool amounts are calculated based on tournament parameters and will be displayed on each tournament’s details page before the tournament begins. Zovian does not guarantee that any tournament will reach a particular prize pool amount.

7.4

No Guarantee of Prizes. Other than any Experience you earn for participating (see Section 5.7), participation in any tournament does not guarantee a prize or Points. Tournament outcomes depend on participant performance and are subject to the Tournament Official Rules. Zovian is not responsible for prizes offered or administered by individual hosts except as set out in the Tournament Official Rules.

8. Hosts and Tournament Organizers

8.1

Host Role. Users who create tournaments on the Platform (“Hosts”) take on additional responsibilities, including setting accurate tournament details, showing up to manage their tournament, reviewing submitted scores, and reviewing flags under the Moderation and Penalty Process. These responsibilities are detailed in the Tournament Official Rules.

8.2

Host Content. Hosts are responsible for all content they create in connection with their tournaments, including tournament titles, descriptions, rules, and communications to participants. Tournament content must comply with these Terms and the Tournament Official Rules.

8.3

Compensation. Hosts earn a share of tournament proceeds as described in the Tournament Official Rules and as set out in the tournament details. Zovian’s calculation of host payouts is final.

8.4

Conduct. Hosts must not use their role to manipulate tournament outcomes, discriminate among participants, or otherwise act contrary to the Tournament Official Rules. Zovian may remove hosting privileges, withhold proceeds, or suspend a host’s account for violations.

8.5

Relationship. Hosts are independent users of the Platform, not employees, agents, or partners of Zovian. Zovian does not control how individual hosts administer their tournaments, and Zovian is not liable for a host’s acts or omissions.

9. Your Content

9.1

Your Content. When you post, upload, stream, or otherwise transmit any content on or through the Platform (including tournament/gameplay streams, profile information, chat and discussion messages, score submissions, and reports and evidence you submit through the moderation system) you retain ownership of that content (“Your Content”).

9.2

License to Zovian. By posting Your Content, you grant Zovian a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works of Your Content in connection with operating and promoting the Platform. This license ends when you delete Your Content or close your account, except where Your Content has been shared with others or used in promotional materials.

9.3

Your Representations. You represent and warrant that: (a) you own or have all necessary rights to Your Content; (b) Your Content does not infringe any third party’s intellectual property or privacy rights; and (c) Your Content complies with these Terms and all applicable laws.

9.4

Zovian’s Right to Remove. Zovian may remove, disable, or restrict access to Your Content at any time if we determine, in our discretion, that it violates these Terms or is otherwise objectionable. We have no obligation to monitor user content.

9.5

Objectionable Material. You acknowledge that the Platform may include user-generated content or other material that you may find offensive, indecent, explicit, inaccurate, or otherwise objectionable. Zovian does not endorse such material and is not responsible or liable for your exposure to, access to, or use of any such material on the Platform. We encourage all users to report any content which is objectionable or otherwise in violation of this Agreement to Zovian at contact@zovian.com or through any reporting mechanisms made available on the Platform.

10. Streaming

Where a tournament requires participants to stream their gameplay, participants must use an approved third-party streaming platform (e.g., YouTube) and link their stream to the Platform. The following apply:

  • You are responsible for complying with the terms of service of any streaming platform you use.
  • Pre-recorded footage may not be submitted in place of a live run.
  • Streams must remain accessible for the full score validation period described in the Tournament Official Rules.
  • Zovian is not responsible for interruptions or failures of third-party streaming platforms.

11. Prohibited Conduct

You agree not to:

  • violate any applicable law, regulation, or third-party right;
  • use the Platform to run unlawful gambling, lotteries, or games of chance;
  • offer, accept, or solicit prizes in jurisdictions where doing so is prohibited by law;
  • cheat, exploit bugs, use unauthorized software, or take any action that gives you an unfair advantage in a tournament;
  • collude with other participants, fix match outcomes, or bet on tournaments;
  • harass, threaten, defame, or discriminate against any other user;
  • post, upload, stream, or otherwise transmit content, or engage in conduct on or through the Platform, that is racist, sexist, homophobic, transphobic, hateful, or otherwise discriminatory, abusive, or degrading toward any person or group;
  • impersonate any person or entity or misrepresent your affiliation with Zovian;
  • submit false or fabricated scores, use pre-recorded footage as a live run, or otherwise commit fraud;
  • harvest user data, scrape the Platform, or use automated tools to access the Platform without authorization;
  • interfere with the Platform’s operation or attempt to gain unauthorized access to its systems; or
  • engage in any conduct that Zovian, in its discretion, determines to be harmful to users, the Platform, or Zovian.

Violation of this section may result in immediate account suspension or termination, forfeiture of wallet balance, and disqualification from tournaments without refund.

Zovian reviews reports and issues penalties under its Moderation and Penalty Process, available at zovian.com/moderation, which is part of these Terms. The Moderation and Penalty Process also explains how to dispute, escalate, and appeal a moderation decision.

12. Copyright; DMCA

If you believe that content on the Platform infringes your copyright, send a written notice to Zovian’s Copyright Agent at contact@zovian.com with:

  • a description of the copyrighted work and the infringing material, with its location on the Platform;
  • your contact information (name, address, email, phone);
  • a statement that you have a good faith belief the use is not authorized; and
  • a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the copyright owner.

Zovian will process valid notices and take appropriate action, including removing infringing content.

Zovian’s designated Copyright Agent is: Copyright Agent, Zovian Games LLC, 19157 Indian Summer Cir, Bend, OR 97702, 458-666-3113, contact@zovian.com.

Repeat Infringer Policy: In appropriate circumstances, Zovian will terminate the accounts of users who repeatedly infringe third-party copyrights.

13. Third-Party Links and Services

The Platform may contain links to third-party websites and services. Zovian does not control those sites and is not responsible for their content, accuracy, or practices. Links are provided for convenience only and do not imply Zovian’s endorsement. Your use of any third-party service is at your own risk and subject to that service’s own terms.

14. Privacy

Your use of the Platform is subject to Zovian’s Privacy Policy, available at zovian.com/privacy. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy. Zovian may disclose your information to comply with applicable law, legal process, or government requests.

15. Modifications to the Platform

Zovian may modify, suspend, or discontinue any part of the Platform at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.

Zovian may update these Terms at any time. We will post the updated version on the Platform with a revised “Last Modified” date. If a change materially affects your rights, we will provide additional notice where practicable. Your continued use of the Platform after any update constitutes your acceptance of the updated Terms.

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ZOVIAN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ZOVIAN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM. IN NO EVENT WILL ZOVIAN’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ZOVIAN IN THE 12 MONTHS BEFORE THE CLAIM AROSE; OR (B) $100 USD. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY AND EVEN IF ZOVIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless Zovian and its affiliates, officers, directors, employees, and agents from any claim, liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third party’s rights. Zovian reserves the right to assume control of the defense of any matter for which you are required to indemnify us, at your expense.

19. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

19.1

Informal Resolution. Before starting any formal proceeding, please contact us at contact@zovian.com and give us a reasonable opportunity to resolve the issue, typically within 30 days.

19.2

Binding Arbitration. If informal resolution does not resolve the dispute, any remaining claim will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (jamsadr.com), on an individual basis. The arbitration will take place in Portland, Oregon (or by remote means if both parties agree). The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

19.3

Exceptions. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent harm pending the outcome of arbitration, without waiving the right to arbitrate.

19.4

Arbitration Fees. Payment of filing, administration, case management, hearing, and arbitrator fees will be governed by the applicable JAMS rules.

19.5

No Class Actions. You and Zovian agree that all claims must be brought on an individual basis only. Class arbitrations, class actions, and consolidated proceedings are not permitted. If this class action waiver is found unenforceable in any dispute, that dispute must proceed in court rather than arbitration.

19.6

Jury Trial Waiver. To the fullest extent permitted by law, you and Zovian knowingly and voluntarily waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Platform that is not required to be arbitrated.

19.7

Small Claims. Either party may bring an individual claim in small claims court if the claim qualifies.

19.8

Arbitrability. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable, except that a court will decide any dispute concerning the enforceability, validity, or scope of the class action waiver.

19.9

Governing Law. These Terms and any claim arising from your use of the Platform are governed by the laws of the State of Oregon.

19.10

Judicial Forum. For any claim not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Portland, Oregon.

19.11

30-Day Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to contact@zovian.com within 30 days after you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms. If you opt out, disputes between you and Zovian will be resolved in court under Section 19.10, instead of through arbitration.

19.12

Severability. Except as provided in the class action waiver, if any part of this arbitration agreement is found unenforceable, the unenforceable part will be severed, and the remaining provisions will remain in effect to the fullest extent permitted by law.

20. General

20.1

Entire Agreement. These Terms, together with the Privacy Policy, Tournament Official Rules, and Moderation and Penalty Process, constitute the entire agreement between you and Zovian regarding the Platform and supersede all prior agreements and communications.

20.2

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

20.3

Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

20.4

Assignment. Zovian may assign these Terms, in whole or in part, at any time without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.

20.5

Force Majeure. Zovian is not liable for any failure to perform caused by events beyond our reasonable control, including natural disasters, acts of government, infrastructure failures, or other Force Majeure Events as defined in the Tournament Official Rules.

20.6

No Partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Zovian.

20.7

Equitable Relief. You agree that a breach of these Terms may cause irreparable harm to Zovian for which monetary damages would be inadequate, and that Zovian is entitled to seek equitable relief in any court of competent jurisdiction without posting bond or other security.

20.8

Notices. Zovian may send notices to you via email or through in-Platform notifications. You may contact Zovian at contact@zovian.com.