Terms of Service
Last updated: April 12, 2025
This Terms of Service (“Terms”) is a legal agreement between you and JoyPop Games and its subsidiaries and affiliated companies (“Company,” “we,” “us” or “our”), governing your use of our website (“Website”), our mobile applications, or any other websites, pages, features, or content owned and operated by us that link to these Terms (collectively, “Services”). These Terms explain the terms and conditions that will govern your use of the Services.
By accessing or using our Services, you indicate that you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
NOTICE REGARDING DISPUTE RESOLUTION FOR USERS IN THE UNITED STATES AND CANADA: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE THAT LIMITS YOUR RIGHTS TO FILE A LAWSUIT, PARTICIPATE IN A CLASS ACTION, AND HAVE DISPUTES RESOLVED BY A JUDGE OR JURY. PLEASE REFER TO SECTION 14 BELOW FOR DETAILS.
Contents
1. Eligibility
2. Updates to these Terms of Service
3. Privacy Policy
4. Account Registration
5. Use of the Services and Prohibited Activities
6. Linking
7. Termination
8. Premium Features
9. Intellectual Property Rights
10. Content Submitted by You
11. Third-Party App Stores
12. Third Party Sites
13. Disclaimer of Medical Advice
14. Other Policies
15. Legal Disputes and Arbitration Agreement for Users in the United States and Canada
16. Warranty Disclaimer; Limitation of Liability
17. Indemnity
18. Notice to New Jersey Users
19. Notice to California Users
20. Digital Millennium Copyright Act Policy
21. General Terms
22. Contact Information
When you use the Services, you represent that: (a) you are at least 16 years old (or the age of consent in your jurisdiction); (b) the information you provide is truthful and accurate; (c) your use of the Services does not violate any applicable laws or regulations; and (d) you are of legal age or otherwise have the legal capacity to enter into these Terms.
2. Updates to these Terms of Service
We may update these Terms of Service from time to time. We will notify you of any material changes by posting the revised Terms on the Services before the changes become effective. Additionally, you will be required to accept the updated Terms of Service the first time you access the Service and log into your user account after the changes take effect. If you do not agree to the proposed changes, you should stop using the Service before the updated Terms become effective. By continuing to use the Service after the effective date, you acknowledge and agree to be bound by the updated Terms of Service.
In connection with your use of the Service, we encourage you to review our Privacy Policy to understand how we handle the information we collect from you when you access, visit, or use the Service. If you have any questions, you may contact us using the details provided in the Privacy Policy.
To access certain features of our Services, you may need to register for an account (“Account”). With an Account, you may be able to create a user profile, sync activity across devices, and use features limited to registered users. You can register by following the prompts in our App. We reserve the right to reject any user ID (or email address) at our discretion—for example, if it’s already in use, impersonates someone else, belongs to another person, infringes on someone’s rights, or is offensive. You may have only one active Account per App and may not permit others to use your Account.
By registering an Account, you agree: (a) to provide true, accurate, current, and complete information about yourself, either directly or via a linked social media account (the “Registration Data”); (b) to maintain and promptly update the Registration Data to ensure it remains accurate and complete; and (c) not to engage in any prohibited activities outlined in Section 5 below.
You are responsible for keeping your login and password confidential and assume full responsibility for any actions taken through your Account, including any financial liabilities. If you use a shared device, you agree to log out after each session.
If you become aware of any unauthorized use of your username, login ID, password, or any other breach of security involving a Service, notify us immediately. We reserve the right to take any measures we deem necessary to protect the security of our Services and your Account, including, but not limited to, terminating your Account, resetting your password, or requesting verification for account activity. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
5. Use of the Services and Prohibited Activities
Our Services are intended solely for educational, gaming, and entertainment purposes. You acknowledge and agree that the Services are not designed to diagnose, prevent, or treat any medical condition or disease, assess your health status, or serve as a replacement for professional medical advice tailored to your specific condition or needs. Not all activities offered through the Services are appropriate for everyone. You are solely responsible for your use of the Services.
The Services may experience temporary suspensions without prior notice due to maintenance, security updates, repairs, system failures, or other similar events (“Service Interruptions”). You agree that you are not entitled to any refund or compensation in connection with such Service Interruptions.
When using the Services, you must comply with all applicable laws, regulations, and rules. You agree that you will not:
1. Use the Services for any improper, unlawful, or unauthorized purpose, including collecting usernames or email addresses of others, sending unsolicited emails or communications, or engaging in unauthorized framing, mirroring, or linking to the Services without our explicit written consent;
2. Upload, post, publish, submit, or transmit any content that: (i) infringes on the intellectual property or privacy rights of others; (ii) violates any law or may lead to civil liability; (iii) is false, deceptive, or misleading; (iv) is defamatory, obscene, or offensive; (v) promotes hate, harassment, or discrimination; (vi) promotes or depicts violence; or (vii) encourages illegal or harmful behavior or substances;
3. Share sensitive personal data, such as social security numbers, bank or credit card details, or medical information, unless we specifically request it;
4. Interfere with or disrupt the Services or related infrastructure, networks, or systems;
5. Obstruct or interfere with others’ use of the Services;
6. Use any tools or technology, whether manual or automated (e.g., bots, scripts, spiders, crawlers), to collect, extract, or manage any data from the Services or other users;
7. Distribute any harmful or invasive software, including viruses, malware, or spyware;
8. Impersonate another person or entity, allow others to use your login, submit false information, or falsely imply our endorsement of your statements;
9. Decompile, disassemble, reverse engineer, modify, or sublicense the Services or any part of them;
10. Build a competing product or service using or based on the Services or their features;
11. Violate the rights of others, including their intellectual property, privacy, or publicity rights;
12. Circumvent or tamper with security features of the Services or features that control or limit access, usage, or copying;
13. Help or encourage others to violate these Terms or any applicable laws or rules related to the Services.
You are granted a limited, non-exclusive license to create text hyperlinks to the Services for informational purposes, provided that such links do not misrepresent, mislead, disparage, or otherwise defame us in any way. The site linking to the Services must not contain any material that we, in our sole discretion, deem unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, in violation of privacy or publicity rights, infringing on intellectual property or proprietary rights, or otherwise objectionable, including any form of unauthorized or unsolicited advertising.
Furthermore, and subject to compliance with any directives stated in the robots.txt file located in the root directory of the Website, we permit public search engine operators to use spiders to copy content from the Website solely for the purpose of creating publicly accessible, searchable indices of the content. This permission does not include the creation of caches or archives of the content. We reserve the right to revoke these permissions at any time.
The Services and these Terms will remain in effect until terminated either by you or by us. We may terminate these Terms at any time by notifying you through any contact information we have on file or by posting a notice of termination on the Website or within your Account. You may terminate these Terms by sending us written notice that includes your complete contact details and any relevant Account information or Service credentials, using the contact information provided in the Contact Us section.
Without limiting any other rights under these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to the Services to any individual for any reason. This may include, but is not limited to, engaging in prohibited activities, breaching any representation, warranty, or obligation outlined in these Terms, or violating any applicable law or regulation.
The terms related to intellectual property protection, permitted use, User Content, disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination, will remain in effect even after termination.
Upon termination: (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you must immediately stop all access to and use of the Services; (iii) we may delete or block access to any of your User Content at our discretion; and (iv) we may delete your Account at any time. You agree not to attempt to use the Services again under any name, real or fictitious, if your access has been terminated. If you violate this restriction, you agree to indemnify and hold us harmless from any resulting liability. Any use of the Services after termination constitutes a violation of this Section, which shall survive termination.
Please note that even after termination of these Terms, your Account, or your access to the Services, any User Content you have submitted or posted may continue to appear on the Website or Apps indefinitely.
Some of our Services may offer the option to purchase premium features that enhance your experience and/or expand the functionalities of the Services (“Premium Features”). While we offer various Apps with different types of Premium Features, the provisions of these Terms apply to all of them. We may make improvements, changes, or discontinue the offering of Premium Features at any time without notice.
We also:
(a) reserve the right to change the Premium Features advertised or offered for sale, the prices or specifications of these Premium Features, and any promotional offers at any time without prior notice or liability to you or anyone else;
(b) do not guarantee that information regarding the Premium Features (such as product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and
(c) reserve the right to modify, cancel, terminate, or refrain from processing orders (including accepted orders) where the price or other material information regarding Premium Features is inaccurate, or for any other reason at our sole discretion. If we do not process an order for such a reason, we will either not charge you or will apply a credit to the payment method used for the order.
Please note that certain jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions in this section may not apply to you.
1. Purchases and Subscriptions
When you purchase Premium Features through the App, you may choose to make a one-time purchase that grants you lifetime access to the Premium Features (“Lifetime Access”), or you can opt for a monthly or yearly subscription to access the Premium Features (“Subscription”). With a Subscription, we will automatically bill the credit or debit card on file (“Payment Method”) for the Premium Features based on your selected term (e.g., monthly or yearly) until terminated. You can modify your Subscription frequency or cancel your Subscription at any time through your Apple App Store, Google Play Store, or other Third-Party App Store settings, within 24 hours of the next scheduled payment date. By purchasing a Subscription, you authorize us to charge your Payment Method up to 24 hours before the end of the current Subscription term.
To purchase Lifetime Access or a Subscription, you must provide a valid, accepted Payment Method to either the Apple App Store or Google Play Store. By submitting this information, you agree and warrant that the Apple App Store or Google Play Store is authorized to use or share the information with third parties for payment processing. You may also be subject to additional terms and conditions set by Apple or Google.
2. No Refunds
Payments for Lifetime Access and Subscriptions are non-refundable. We do not offer partial refunds or credits for unused periods. If you cancel your Subscription, you will still have access to the Premium Features until the end of your current Subscription term.
3. Taxes
If we are legally required to collect sales tax on your order, the tax amount will be automatically added to your purchase price. In rare cases, an error in our tax database may result in an incorrect sales tax charge. If this occurs, you can contact us for a refund of any overcharged tax within two years from your purchase date. This right to a refund is your exclusive remedy for sales tax errors.
4. Free Trial
We may offer a free trial of the Premium Features (“Free Trial”). The eligibility, duration, and features available during the Free Trial may be limited at our sole discretion. To access the Free Trial, you must provide a Payment Method and select a Subscription frequency. At the end of the Free Trial period, the chosen Subscription will automatically begin, and your Payment Method will be charged the agreed-upon subscription price.
5. For European Economic Area (“EEA”), Swiss, and United Kingdom (“UK”) residents only
Notwithstanding the foregoing, if you are a resident of the EEA, Switzerland, or the UK, you have 14 days from the date you signed up for a Subscription to cancel for any reason and receive a refund. However, we may charge you or withhold from your refund the value of any Premium Features used through your account during that period. If you signed up for a Free Trial, the 14-day period begins on the date you signed up for the Free Trial. If we accept your refund request, you will receive a credit to your original Payment Method. If we are unable to credit that Payment Method, your refund may not be completed. We may contact you for new payment information or provide your refund in another way.
To exercise this right, you must inform us of your unequivocal decision to withdraw from your contract in a letter to [ROOM 605 6/F FA YUEN COMMERCIAL BUILDING 75-77 FA YUEN STREET MONGKOK KL, HONGKONG] or by email at [email protected].
9. Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Services (the "Content") are protected by copyright, trademarks, and other intellectual property rights under U.S. and foreign laws and international conventions. These are owned by or used with permission or under license by LCL and its licensors. By accessing or using the Services, you do not acquire any right, title, or interest in any Content. Any rights not expressly granted herein are reserved. Except as outlined in these Terms, the use of any Content is strictly prohibited.
Subject to your compliance with these Terms, LCL grants you a limited, non-exclusive, non-transferable license to (1) access and use the Services and the Content solely for your personal, non-commercial purposes and (2) download and install a copy of the App on a mobile device or computer that you own or control and use it solely for your personal, non-commercial purposes. You may not copy the App except for making one copy for backup or archival purposes. If you make a backup or archival copy, you must retain all trademark, copyright, and other proprietary notices on the Services.
No Content may be reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without the written permission of LCL. However, you may download or print one copy of specific Content made available for downloading or printing, for your personal, non-commercial home use, subject to your compliance with these Terms. You must retain the same content solely for as long as you continue to have access to the Services.
To use Content under this exception, you must (1) retain any copyright, trademark, or other proprietary notices intact, (2) use the Content per any licenses associated with it, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to the Content, and (5) make no additional representations or warranties relating to such Content. Except as expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on any part of the App or the Content.
You are entirely responsible for all content that you make available through the Services, including but not limited to text, reviews, posts, images, videos, designs, illustrations, photographs, or other intellectual property ("User Content"). By posting or transmitting User Content through our Services, you agree, represent, and warrant that the content is truthful, accurate, not misleading, and offered in good faith. You also confirm that you have the right to transmit such User Content.
You are prohibited from uploading, posting, or making available any User Content that is protected by copyright, trademark, or other proprietary rights of a third party without the express written permission of the owner. You are solely responsible for any damages resulting from infringement of these rights or any other harm caused by such User Content.
Please do not submit any User Content, ideas, suggestions, or other materials to us that you wish to keep private or proprietary or for which you expect compensation. If you do submit User Content, you automatically grant to LCL (or warrant that the owner has granted to LCL) a royalty-free, worldwide, perpetual, sublicensable, irrevocable, and unrestricted license to use, copy, display, perform, modify, adapt, publish, and distribute such User Content for any purpose, including sale, manufacture, or advertising. This license also includes the right to incorporate the User Content into other works in any form, media, product, service, or technology now known or developed in the future.
Additionally, you irrevocably waive any "moral rights" or other rights related to attribution of authorship or integrity of your User Content under any applicable law. However, any personally identifiable information you submit will be handled according to our Privacy Policy and will not be publicly disclosed except as described in the policy or otherwise approved by you.
You acknowledge that we are free to use the User Content for any purpose, that it will not be confidential, and that we may have similar ideas under consideration or in development. You also understand that you are not entitled to any compensation or reimbursement unless explicitly agreed upon by us in writing. We have no obligation to keep User Content confidential unless explicitly stated.
1. Interactive Features and Forums
We may provide message boards, user-generated content, reviews, blogs, games, and other interactive features or services through which users can post or upload User Content or otherwise engage with our Services or their content (each, a “Forum”). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and act only as a passive conduit for it. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT FROM THE FORUMS AT ANY TIME AND FOR ANY REASON.
You acknowledge and agree that Forums are public spaces and your participation in them creates no expectation of privacy. Additionally, you acknowledge that any User Content you share in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Services and may use anonymous user names when doing so. Any user who fails to comply with these Terms may be expelled from and denied future access to the Forums. However, we are not responsible for User Content that you or others choose to share in Forums or for the actions of other users. IF YOU CHOOSE TO MAKE ANY PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR THROUGH THE SITES, YOU DO SO AT YOUR OWN RISK.
2. Our Rights
You acknowledge and agree that we reserve the right (but have no obligation) to, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site, in an App, or on any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow the posting of any User Content, with or without notice to you, for any reason or no reason at all; provided, however, that we shall have no obligation or liability to you for failing to do so or for doing so in any specific manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate the Services, protect us or our users, comply with legal obligations or governmental requests, enforce these Terms, or for any other reason or purpose we deem appropriate. If you encounter User Content on the Services that you believe violates these Terms, please contact us.
You acknowledge and agree that the availability of the Services may depend on third-party websites from which you download the Service (each a “Third-Party App Store”). You acknowledge that these Terms of Service are between you and LCL, and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions that you must agree to before downloading the Service from it. These terms provided by the Third-Party App Store may grant us, and the Third-Party App Store, additional rights while imposing additional obligations or restrictions on you. Please review such terms, as you are solely responsible for reviewing and understanding them and ensuring you have the latest version.
If you downloaded an App from the Apple "App Store," you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If you downloaded the App from the "Google Play" store, you are subject to the Google Play Terms of Service, available at: https://play.google.com/about/play-terms/index.html. If you used a different third-party service, check with the applicable Third-Party App Store to determine what additional terms may apply.
The Service may contain links to websites, social media pages, mobile applications, or other services operated by third parties (“Third-Party Sites”). For example, you may be able to share information with Third-Party Sites through links on the Services. If you click these links, you will leave our Website or Apps. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not own or operate the Third-Party Sites, and we have not reviewed all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Services does not represent, warrant, or imply that we endorse or otherwise sponsor any Third-Party Sites or any materials, opinions, goods, or services available on them. Third-party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
These Terms of Service do not apply to third-party sites. Before visiting a Third-Party Site through links or other means provided on or through the Service, you should review the Third-Party Site’s terms and conditions and privacy policy, and inform yourself of the regulations, policies, and practices of these Third-Party Sites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
13. Disclaimer of Medical Advice
IN THE EVENT OF A MEDICAL EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
THE CONTENT CONTAINED IN SOME OF OUR SERVICES MAY INCLUDE INFORMATION ABOUT PROCESSES AND/OR THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITES MAY ALSO PROVIDE INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOUR DECISION TO SEEK OR NOT SEEK PROFESSIONAL MEDICAL CARE, OR YOUR DECISION TO CHOOSE OR NOT CHOOSE SPECIFIC TREATMENTS BASED ON THE CONTENT.
These Terms apply exclusively to your access to, and use of, the Services and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs, or otherwise.
Our use of your personal information is governed by our Privacy Policy, which you should refer to in order to fully understand how we collect and use information. Should we employ you, these Terms are not considered part of an employment contract or an offer for employment.
15. Legal Disputes and Arbitration Agreement For Users in the United States and Canada
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
Any dispute, claim, or controversy arising out of or relating to these Terms, other agreements found on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in [Hong Kong] before one arbitrator or submitted to small claims court in [Hong Kong]. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected, or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.
1. NO CLASS ACTIONS
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
2. Seeking Arbitration
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.
Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
3. Governing Law and Rules
These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to these Terms.
4. Additional Terms for Canadian Users
L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.
Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable), we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.
Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.
Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.
Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [[email protected]].
16. Warranty Disclaimer; Limitation on Liability
1. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT OR CONTRIBUTIONS HOSTED ON THIRD-PARTY SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
2. Limited Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATIONS OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER THEORY OF LIABILITY SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with the Services; or (iii) the Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Notice to New Jersey Users
Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in these Terms are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you, but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.
19. Notice to California Users
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-125 or (800) 952-5210.
20. Digital Millennium Copyright Act Policy
We follow the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA). This section describes the information that should be present in notices of alleged copyright infringement and the takedown procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances. In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content on the Service infringes upon your copyrights, you may submit a takedown notification to us by sending an email to [email protected].
A. Non-Waiver.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
B. Severability.
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
C. Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
D. No Modifications by Our Employees.
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
E. Mobile Services.
Some of the Services may be available via your mobile phone through the Apps you have downloaded and installed on your mobile phone. Please note that your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices in all jurisdictions. Therefore, you should check with your carrier to find out if the Apps and Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of them.
F. Entire Agreement; No Waiver.
The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Apps or Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
G. Consent to Communication.
When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Websites or Apps. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating an Account, or otherwise providing us with your email address, postal address, or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.
If you have any questions about these Terms of Service or your account, please contact us at [email protected].