TOURNAMENT VOTING ARENA
USER AGREEMENT AND LEGAL DISCLAIMER
Please read this agreement carefully before playing. By clicking "I Agree" below, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth in this disclaimer.
1. USER-UPLOADED CONTENT RESPONSIBILITY
Tournament Voting Arena ("the Game") allows users to upload and share images during gameplay sessions. YOU, THE USER, ARE SOLELY AND ENTIRELY RESPONSIBLE for any and all content you upload, share, transmit, or otherwise make available through the Game.
By uploading any image or content, you represent and warrant that:
a) You own the content, OR you have obtained all necessary rights, licenses, consents, and permissions to use and share such content;
b) The content does not infringe upon, misappropriate, or violate any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or rights of publicity and privacy;
c) The content does not violate any applicable local, state, national, or international law or regulation;
d) The content is not defamatory, obscene, pornographic, harassing, hateful, or otherwise objectionable.
2. PROHIBITED CONTENT - IMPORTANT WARNING
DO NOT UPLOAD:
- Copyrighted images, artwork, photographs, or other media owned by third parties without proper authorization
- Trademarked logos, characters, mascots, or brand imagery without explicit permission from the rights holder
- Content from movies, television shows, video games, comic books, or other media properties without appropriate licenses
- Images of real persons without their consent (including celebrities, public figures, and private individuals)
- Fan art or derivative works that may infringe upon underlying intellectual property rights
- Any content you did not create yourself, unless you have verified permission to use and share it
SAFE CONTENT EXAMPLES:
- Original photographs you personally captured
- Artwork you personally created
- Images of your own pets or property
- Content explicitly released under Creative Commons or similar permissive licenses
- Content in the public domain
3. FAIR USE NOTICE AND LIMITATIONS
The developer of this Game does not endorse, encourage, or sanction the unauthorized use of copyrighted materials under fair use or any other doctrine.
Users should be aware that the fair use doctrine under 17 U.S.C. § 107 is a limited exception that depends on a case-by-case analysis of four factors:
(1) Purpose and Character of the Use: Commercial uses or uses that do not transform the original work are less likely to qualify as fair use. Using images in a competitive voting or "battle" context may not constitute transformative use under the law.
(2) Nature of the Copyrighted Work: Creative works such as artwork, characters, and photographs receive stronger copyright protection than factual works.
(3) Amount and Substantiality: Uploading an entire image typically weighs against fair use. Even small portions may be infringing if they constitute the "heart" of the work.
(4) Effect on Market Value: Any use that could substitute for or diminish the market for the original work weighs heavily against fair use.
THE GAME DEVELOPER MAKES NO REPRESENTATION THAT ANY USER-UPLOADED CONTENT QUALIFIES AS FAIR USE. Users who upload content without proper authorization do so at their own legal risk and assume all liability for any resulting claims or damages.
4. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE
The developer of Tournament Voting Arena respects the intellectual property rights of others and expects users to do the same.
DMCA Safe Harbor Statement:
This Game functions as an interactive service provider under 17 U.S.C. § 512. The developer does not host, store, or maintain user-uploaded content on any server. All image sharing occurs directly between users via peer-to-peer transmission during active gameplay sessions only. No user content is retained, cached, or stored by the developer after a gameplay session concludes.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), the developer:
a) Has no actual knowledge of infringing material transmitted through the Game;
b) Does not receive a financial benefit directly attributable to infringing activity where the developer has the right and ability to control such activity;
c) Upon receiving proper notification of claimed infringement, will respond expeditiously to address concerns.
DMCA Takedown Procedure:
If you believe your copyrighted work has been used in a manner that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
(iv) Your contact information, including address, telephone number, and email address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Game developer, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
a) Your use of the Game;
b) Any content you upload, share, or transmit through the Game;
c) Your violation of this Agreement;
d) Your violation of any rights of any third party;
e) Any claim that your uploaded content infringes or misappropriates the intellectual property rights of any third party.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE GAME DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
a) Your use or inability to use the Game;
b) Any content uploaded by you or any other user;
c) Unauthorized access to or alteration of your transmissions or data;
d) Any third-party claims arising from user-uploaded content.
THE GAME IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
7. DATA HANDLING DISCLOSURE
Tournament Voting Arena operates entirely within your web browser. Images uploaded during gameplay are transmitted directly between connected players using peer-to-peer technology. THE DEVELOPER DOES NOT:
- Store uploaded images on any server
- Retain copies of user content after gameplay sessions end
- Have access to or control over images shared between players
- Monitor or moderate content in real-time
Users acknowledge that peer-to-peer transmission means images are shared directly with other players who may capture, copy, or redistribute such images outside the Game environment.
8. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved through good faith negotiation between the parties.
9. MODIFICATIONS
The developer reserves the right to modify this Agreement at any time. Continued use of the Game following any changes constitutes acceptance of such changes.
10. SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
ACKNOWLEDGMENT
BY CLICKING "I AGREE" BELOW, YOU ACKNOWLEDGE THAT:
- You have read and understood this entire Agreement
- You are at least 13 years of age (or the age of digital consent in your jurisdiction)
- You agree to be bound by all terms and conditions herein
- You accept sole responsibility for any content you upload
- You understand that uploading infringing content may expose you to legal liability
Last Updated: November 2025