AGE LIMITATION. YOU MAY NOT USE THE APPLICATION IF YOU ARE UNDER THE AGE OF 13. IF YOUR AGE IS 13 OR OVER BUT YOU ARE UNDER THE AGE OF 18, YOU MAY ONLY USE THE APPLICATION WITH THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 17 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 17, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Company, as defined below, may revise and update this Agreement from time to time and will post such amended version on the Application made available to the users or in the Apple App Store, Google Play and other mobile application platform where the Application is made available. Accordingly, we encourage the Users to regularly check this Agreement for modifications. Your continued use following the modifications posted will be deemed your acceptance of the modifications applied.
This Agreement, and use of the Application, is an online service provided on the behalf of the Forgamer Limited as a publisher company incorporated under the laws of Hong Kong, legal adress: Unit B, 9/F, Lockhart Centre, 301-307 Lockhart Road, Wan Chai, Hong Kong Representative of the foreign business Forgamer Limited Registration number: 40006022849 Address: Eksporta iela 12 - 115, Rīga, LV-1045 and Logix Tech Limited as a developer company incorporated under the laws of Hong Kong, legal adress Unit 2A, 17/F Glenealy Tower, No. 1 Glenealy, Central, Hong Kong (may be hereinafter referred to either as the "Company", "we" or "our")
This Application is subject to the terms and restrictions contained herein and intended for private personal use by users of the Application only (hereinafter “you”, “your” or "User"). Any other use or attempt to use this Application, or any of the services provided through this Application for commercial purposes, directly or indirectly, by you or by a third party is strictly prohibited.
2. Service Offered Through the Application
The Application consists of services which include the operation and control, via an online interface, of a skill-based crane machine (in our claw games, this means controlling the crane of the machine) located in a remote location (location decided upon by the Company at its sole discretion) for the purpose of winning a prize offered in a game machine (in our claw-based games, winning typically means controlling the crane of the machine to catch a prize and drop it into the prize drop chute) i.e “Services”.
The Application, the design or the features included in the games or machines, as well as the prizes offered, are subject to change without prior notice.
3. Payment for Services
The Application is available to play online or for download free of charge. However, in the event you decide to play the games offered through the Application, charges will apply for such use and the shipping of prizes in the event of a win. The User agrees to pay any charges applicable for the use of the Application and Services. The User acknowledges that while the Application and/or the Services or any part thereof may be free of charge, there may be a charge applicable for certain content or services related thereto. The User consents to pay such charges as applicable.
Coin Purchase. For the purpose of using the Application and participating in the game offered therein, the User will purchase virtual coins with real world money, which will be used to operate the machine ("Coins"). Coins may not be redeemed for real money, goods, services or any other item of monetary value from the Company or any other party, except by participating in the game provided by the Application and may not be exchanged or traded. The Coins, once used, are non-refundable, regardless of the outcome of the game. It is hereby further clarified that upon use of the game the User will not have any complaints or claims and the transaction is deemed final, with no refunds possible thereafter. The Company reserves the right to manage, control, change and/or cancel Coins or the way any of them work without prior notice, including the price and availability of the Coins. The services and prizes offered by the Company in exchange for Coins may be discontinued or modified at any time. Coins may only be held by legal residents of countries where access to and use of the Services are permitted.
Coins Refund Policy. Without derogating from the aforementioned, Coins in the User’s account with the Company not used by the User, may be withdrawn by the User within thirty (30) days after they were purchased by the User, after providing the Company with a written request of withdrawal emailed to: firstname.lastname@example.org . The Company will make reasonable efforts to process the withdrawal request within seven (7) business days following the receipt of the withdrawal request. It is hereby clarified that withdrawal will be processed via the same method of payment used by the User to purchase the Coins. Furthermore, the Coins existing on User account which were not directly paid for by the User (for example, any Coins which were received by User as bonus, gift or are a result of any promotion), are not refundable. In addition, Coins may not be refundable if your account is suspended or terminated. Coins will no longer be refundable after thirty (30) days of the purchase.
Revoking or cancelling Coins. You acknowledge that in the event that any of the following occurs, all of your Coins and account content, data and prizes, shall be irrevocably deleted: (i) if your account or this Agreement is closed or expired for any reason; and (ii) if the Application or any of its data (including cookies) is deleted from your device.
Shipping Charges. In the event that in the course of playing the crane game offered by the Application, the User wins a prize, the User may be responsible to pay the shipping expenses for having the prize shipped to the User at User’s address provided to the Company. If applicable, the User warrants to pay such shipping charges as will be indicated by the applicable third party courier service provider and waives any complaints against the Company with that respect.
4. Changes in Terms and Conditions
The Company is entitled to amend, modify, suspend, or discontinue any aspect or feature of the Application, or this Agreement at any time, including without limitations, the right to change or discontinue any service provided by the Company, content displayed on this Application, hours of availability, and equipment needed for access or use of this Application, at any time.
Company shall not be liable to you or any third party for any modification, suspension, or termination of the Application or the Services or any part thereof.
Unless expressly stated otherwise, any new features that augment or enhance the current Services provided though this Application will also be governed by the provisions of this Agreement.
5. Right of Use
This Application is the property of Claw.games, and your access to this Application is exclusively with our permission. Subject to your compliance with the terms of this Agreement, Company grants the User a personal, non-exclusive, non-transferable, nonsublicensable, revocable, and limited in scope right to use the Application and the Services therein. User’s use of the Services and the Application shall be solely for User’s own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your right to use the Application and Services is limited by this Agreement, and, if you violate or if, at any point, you do not agree to any of the terms of this Agreement, your right to use the Application, your account and any Services therein, shall immediately terminate without notice, and you shall immediately refrain from using the Application, account or Services thereafter. If at any time, the Application or the Services or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right to use the Application and the Services and must refrain from such use immediately.
Except as expressly set forth in this Agreement, no license or other rights in or to the Application or any service are granted to You, by implication, estoppel or otherwise, and all such licenses and rights are hereby reserved.
6. Prohibited Use of this Application
The Services provided to you are offered through the online interface made available to you subject to successful downloading of the Application in accordance with the directions.
You are prohibited from doing any act that has the effect of jeopardizing the Company, the Services and/or the Application made available to you as aforementioned. It is hereby clarified that undermining the integrity of our system, this Application and the services via which we provide our Services to the Users may inflict great damage on the Company.
As a fundamental material term of this Agreement, you expressly agree that you will not do any of the following prohibited acts:
a) Attempt, permit, assist or act to decompile, reverse-engineer, disassemble or otherwise reduce any portion of the Application or the Services to a human perceivable form, and shall immediately inform Company with regards of any infringement by a third party of any of the Company’s rights in the Application or the Services;
b) Use or deploy of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the Application;
c) Use or deploy of any program, methods, system, means or device, for any purpose that places an unreasonable and excessive load on the Application, the Services and its connections, or denies or delays access to this Application by other users;
d) Download or copy any content displayed on the Application for purposes other than preserving information for your personal use;
e) Attempt to obtain Users’ data, including without limitations, passwords or other private information from other Users, including any Users’ personally identifiable information, identification documents;
f) Interrupt, disturb, harass, invade the privacy or cause discomfort upon any third parties including users of the Application;
g) Upload or attempt to upload viruses, or harmful codes, warm or Trojan horse;
h) Upload or transmit without Company’s express prior permission, any spyware or any material that operates as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats “gifs”, web bugs, cookies or other similar devices;
i) Acquire any prize from the Application or items of value through automated means or through any form of fraud, deception or misrepresentation or accessing the Services by any automated tools, including scraping, caching, or crawling;
j) Develop, distribute, use on your own or provide other Users with any auto-software programs, “macro” software programs or other “cheat utility” software programs or applications;
k) Sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under this Agreement with/to any third party;
l) Transfer, distribute, scrap, copy all or any part of the Services or Application;
m) Syndicate any part of the Services or Application or refer to the Services or Application by use of framing, Deep Linking or similar techniques;
n) Continue using the same claw machine after five winnings;
o) Use, or encourage, promote, facilitate or instruct others to use the Services or Application for any illegal or immoral use;
p) Open more than one account or impersonate another; or
r) Make use of the Services or Application in any jurisdiction where same are illegal or which would subject the Company or its affiliates to any registration requirement within such jurisdiction or country;
expressly agrees to use this Application only for lawful purposes. You will not
post or transmit through this Application any material, data or content which:
(i) violates or infringes in any way upon the rights of others; (ii) is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, bullying, stalking, threatening, vulgar, obscene, harassing, profane or
otherwise objectionable; (iii) encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any law;
(iv) creates or attempts to create any liability of the Company; (v) contains
advertising or any solicitation with respect to products or services, unless we
have approved such material in writing, in advance of its transmission; (vi)
introduces any program, executable file or routine (such as a worm, Trojan
horse, or any other viruses) into the Application or Services for any purpose,
irrespective of whether or not any such program or routine results in
detrimental harm to our Application or the data therein; or (vii) jeopardizes
or threatens the continuous Services offered to the Users by third party
Without derogating from the above mentioned, it is hereby clarified that any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other User’s use or enjoyment of the Application or the Services is expressly prohibited.
Any unauthorized access or use will be, among other things, a breach of this Agreement, in which case Company reserves the right to pursue any legal rights for any such unauthorized access or use of this Application, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies without derogating from any right to which the Company is entitled under this Agreement or any applicable laws and regulations.
7. Registration, Password
Your use of the Services is subject to your login through your Google or Facebook account or by successfully completing the sign up process and password (the “Login Information”). Users must maintain such Login Information in strict confidence. You must notify the Company in the event you believe or suspect that any third party has obtained your Login Information, in which case, you should immediately change your Login Information. In addition, you must keep your information as registered with us updated at all times and inform the Company of any changes to such information.
User acknowledges that the Company will not be responsible for damages caused to you by a third party using User’s Login Information regardless if by authorization or your negligence, and regardless of whether the Company knew or should have known of such use.
8. Links to Other Applications
We may, from time to time, display icons, graphic or textual links to offers, service providers’ sites and/or other applications or display selected pages of other applications not affiliated with the Company. Any content, product or service provided by third parties or other applications is under the exclusive control of such third parties and is not endorsed or controlled by the Company. Your access to and use of any other application or third parties’ offers, and any transaction in which you engage on any third parties’ service or application, is subject to the applicable user agreements and privacy policies of such third parties. By accessing and using of any third parties’ application or services, you expressly disclaim all liability of the Company with respect to your, or third party's actions on such third parties’ applications and services. User’s use of third party’s product or service through the links on the Website is at User’s sole discretion and risk, the Company does not endorse any such third party’s product or service.
The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Application by anyone other than our authorized spokespersons while acting in their official capacities.
Without derogating from the aforementioned, the Company reserves the exclusive right and sole discretion to add or remove, without notice, any content, icon or link to any offer, service, service provider or third parties applications.
10. Age Limitations
The Services and the Application are not intended for children under the age of 13 and User represents that User is 13 years old or older.
User must secure his account to prevent use of the account by children under the age of 13, and will be solely and fully liable for such prohibited access.
11. Prizes, Delivery Charges & Taxes
General. The games offered on the Application allow the User to win a prize (in our claw-based games, this typically means catching the prize and dropping it into the prize drop chute). Despite the aforementioned, the Company makes no guarantees to you that you will actually win a prize by using the Application. All decisions regarding prizes and winnings will be made in Company’s sole and absolute discretion and will be final and binding in all respects.
The prizes offered on the game machines are products of third party suppliers. Regarding the prizes, the Company is not liable for the quality, defects, color, variations from the picture, including any claim under any theory of product liability or any descriptions that are provided by the applicable manufacturers and/or distributors of the prizes. As such, the User acknowledges that the Company’s sole responsibility is to arrange the delivery of the prize to the winning User at the address provided by such User to the Company. We shall make reasonable effort to deliver prizes within seven (7) weeks, however, shipping is done by third party service providers and therefore the exact shipping time is not guaranteed. Please be advised that when processing a high or unusual number of shipments, your shipment may be delayed.
Shipping/Delivery Charges & Taxes. The User acknowledges that in order to play the game and/or obtain a prize they have won, they may encounter taxes and/or additional handling fees as per the local laws and procedures applicable in your country. To that end, the User acknowledges and agrees as follows:
In the event that in the course of playing the games offered by the Application, the User wins a prize, the User may need to pay the delivery and shipping expenses and charges (including, for the sake of clarity, charges for releasing the package from the local post office or carrier) for having the prize delivered to the User at User’s address provided to the Company. The User undertakes to pay such delivery expenses, as will be indicated by the applicable third party courier service provider and waives any complaints against the Company with that respect and the Company reserves its right to cause the delivery of the prize to the winning User only following the payment of the shipping and handling fees by such User.
In addition to these shipping and handling fees, the User is responsible for any applicable customs duties or any other taxes, levies or charges (whether federal, state or local), including VAT, associated with playing the game, including the purchase of Coins and obtaining a prize (or winning a game or Coins in general). For example, certain U.S. states may impose a sales tax in connection with your purchase of Coins and such sales tax is your sole responsibility (and, for the sake of clarity, if the relevant app store will add such a sales tax to the price of the Coins published in the Application, the Company shall not be under any obligation to reimburse the User therefor). The Company maintains the right to deduct or withhold any applicable taxes payable by you from the price paid by the User for the Coins (including withholding taxes) as required by the applicable tax laws. In any event, the Company does not provide tax advice, nor should any statements in this Agreement or on the Application be construed as tax advice.
Unclaimed Prizes. Prizes may only be claimed within thirty (30) days after winning the prize, after which you shall not be entitled to claim such prizes and the Company may sell, award or dispose of such unclaimed prizes at its sole discretion. The Company may choose (but is not obligated) to allow you to convert unclaimed prizes into Coins.
Returning a Damaged Prize. It is hereby clarified that the prizes won will not be returnable or exchangeable, except in the event the prize received by winner was delivered damaged or broken, in which case, the winning User must notify the Company about the incident within five (5) business days following the receipt of the prize. The notification must be emailed by the winning User to: email@example.com. Following a timely and valid notification provided to the Company, the winning User will return the damaged prize to the Company, at User’s cost to address provided by the Company.
Upon receiving the damaged or broken prize that is underlying a timely and valid notice, the Company will ship a replacement product similar to the prize to the User. In the event an identical prize replacement is not possible due to the prize being out of stock or otherwise not practicable, the Company will offer the winning User an alternative item equal in value to the non-replaceable prize, and will ship the User the alternative item chosen by the User, at the Company’s expense.
Publicity. Other than as may be prohibited by law, by registering to the Application or Services, you hereby consent that the Company may publicly display your username, profile picture (if any), game records and prizes, and to use this information for promotional purposes. You hereby further consent to our printing, publication, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or any biographical information that you submit to us for our own promotional, marketing or related business purposes, without compensation.
12. Intellectual Property
12.1 Other than content posted by Users or third parties’ materials that Company uses in accordance with applicable licenses or under the applicable laws, the Company is the owner and has the legal rights in all the Application, Services, Feedback (defined below) and all content, information and features therein, including any software, business information, Users’ list, methods of work, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names and any derivatives thereto and all intellectual property rights therein (collectively, the "IP"). You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any IP to any third party (including, without limitation, the display and distribution of the IP via your own or a third party application) without Company’s prior written consent. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under any applicable laws and regulations. Company neither warrants nor represents that your use of the IP will not infringe rights of third parties.
The trademarks, logos, and service marks appearing on the Application (collectively the "Trademarks") displayed on the Application are registered and unregistered marks of Company or its licensors. Nothing contained on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Application without the Company’s prior written consent. Your use of the Trademarks, except as provided in this Agreement, is strictly prohibited.
Any information, ideas, suggestions or other material provided by User to the Company ("Feedback") may be used by the Company for any purposes, including for developing or marketing purposes without any liability, payments or obligation to the User.
12.2 By sending us photos of you using the Application or with any prize received from us, or posting such photos to our social media accounts, you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use these photos for marketing and promotional materials, on any media, including on our website, online ads and social media accounts. You may contact us at firstname.lastname@example.org if you would like your photo to be removed.
YOU AGREE THAT THE PRODUCTS AND/OR YOUR USE OF THE SERVICES OR APPLICATION SHALL BE AT YOUR OWN RISK. THE SERVICES, APPLICATION AND PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKE(S) THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, APPLICATION OR PRODUCTS INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES OR APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO THE PRODUCTS, YOUR USE OF THE SERVICES OR APPLICATION, OR RELIANCE ON ANY OF THE FOREGOING OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU PAID COMPANY FOR USE OF THE SERVICES IN THE THREE (3) MONTHS PERIOD PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL, HAVE BEEN BARGAINED FOR THE BASIS OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THIS AGREEMENT.
The Company may terminate this Agreement and/or suspend your right to access or use any portion or all of the Application at any time, with or without cause, subject to its sole discretion. In addition, the Company may terminate and/or suspend your account, with immediate effect, for any reason, including without limitation in the event of technical difficulties or breach or violation by you of any term of this Agreement, subject to Company sole discretion. If you have more than one account, the Company may terminate all of your accounts. The Company may at any time, add, reduce, amend or discontinue the Services or any part thereof without notice or liability to you. Furthermore, the Company may suspend or terminate the provision of the Services and the operation of the Application at any time, subject to the sole discretion of the Company, with or without notice to you, following which User’s right to use the Application will be terminated. Upon termination, you will not be able to access any data stored on the Application and any information related to your account will be lost and the User will not be entitled to any reimbursement or refunds. In addition, the Company may selectively remove, revoke or garnishee any Benefits associated with your account. “Benefits” mean any online or off-line elements or features of the Service, including, without limitation, paid and free downloadable content, Prizes, Coins and other virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. Furthermore, the Company will not be held liable for any damages, expenses or costs claimed to be incurred as a result of any termination in accordance to this Agreement.
You agree that you will, at your expense, indemnify, defend, settle, and hold the Company and its affiliated companies, and their respective directors, officers, shareholders, employees, agents, and assignees harmless from and against all claims, complaints, damages and expenses, including attorneys' fees, arising out of: (i) breach by the User of any term of this Agreement; and/or (ii) User’s use of the Application and/or the Services; and/or (iii) any content posted by the User using the Application or the Services.
In addition you will pay any judgment awarded against Company or any settlement agreed to by you, and any authorized expenses incurred by us.
Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
17. Binding Arbitration
17.1 Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in Small Claims Tribunal will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and the Company are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
17.2 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17.3 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
17.4 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
17.5 Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and the Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
17.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER, MARKETING AFFILIATE OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.12 below.
17.7 Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
17.8 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
17.9 Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor the Company can force the other to arbitrate. To opt out, you must notify the Company in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address and phone number you provided through the Services when you registered or made a purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: email@example.com
17.10 Small Claims Tribunal. Notwithstanding the foregoing, either you, or the Company may bring an individual action in small claims Tribunal.
17.11 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with the Company.
17.12 Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed exclusively in accordance with the laws of the United Kingdom and Wales, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent federal and state courts of London Court of International Arbitration, London, United Kingdom in respect of Excluded Disputes and hereby submit themselves to the exclusive jurisdiction of these courts.
17.13 U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.
All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, will be given by first class mail or courier, postage or air bill prepaid, and sent to: firstname.lastname@example.org, Attention: Legal Department. Notice will be deemed effective 3 days after deposit with a service or courier if mailed locally or 7 days after if internationally. In addition, the Company may provide notice to you by either email or by registered courier, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of if through an email (unless returned due to an invalid email address).
Any cause of action arising out of or related to the Application or the Services must be submitted within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
The Company does not provide support services to the Users with respect to the Application or the Services, and in the event support was received, the Company will not be obligated to continue such support at any time. The Company may send the User emails for communicating certain products and services to User, which we may discontinue at any time. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions governing your use of the Application and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Company’s failure to enforce any breach of this Agreement by you or others does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach.
This Agreement and any legally binding document relating to your use of the Application and Services, may be assigned by the Company subject to Company’s sole discretion, to any third party in the event of merger or acquisition and you may not assign or transfer the Agreement or any rights thereunder.
If you have any query, questions or suggestions, or if you wish to report any violations of this Agreement, you may contact the Company at: email@example.com.
Last Updated May 7, 2020.