Your relationship with Unicorn Labs, LLC (“Lab,” “our,” “we,” or “us”) is governed by these Terms of Service (the “Terms”) and our Privacy Policy, which also apply to how you use our services. Our website https://tjpsol.com/ (the “Site”), web store (if
applicable), mobile applications or games, associated services and content, and any other goods, services, features, and content that we might offer or make accessible through the Services are all the “Services” that we provide.
Before using our services, please read our Privacy Policy and these Terms of Service (the “Terms”) thoroughly. The terms and conditions that apply when you use the services are outlined in these terms. By using our Services, and by continuing to use them after any future updates to these Terms, you acknowledge that you have read, comprehended, and agree to be bound by these Terms especially those that limit or exempt liabilities. Furthermore, our Privacy Policy outlines your rights and options regarding your information as well as how we gather, use, disclose, share, and otherwise process your personal information when we provide you with the Services. If you do not accept these Terms, or if you prefer that we do not collect, use, disclose, share, or process your information as outlined in our Privacy Policy, you should refrain from using our Services (or discontinue using them if you are already using them).
To access the Services, You must be at least 16 years old and over the legal majority age in your jurisdiction. You need consent from your legal guardian for you to use the Services if you are younger than 18 or younger than the majority age in your area. As
outlined below, these Terms are governed by US law, and the Services might be subject to US export restrictions. You are not permitted to use the Services if U.S. law or any other relevant law prohibits you from receiving goods, including software or services, from the United States.
THIS AGREEMENT’S SECTION 16 INCLUDES A BINDING ARBITRATION AGREEMENT, AN INFORMAL DISPUTE RESOLUTION PROCEDURE, AND A COMBINED CLASS ACTION, COLLECTIVE ACTION, AND REPRESENTATIVEACTION WAIVER THAT, SUBJECT TO CERTAIN EXCEPTIONS, WAIVES YOUR RIGHT TO A COURT HEARING OR TRIAL BEFORE A JUDGE OR JURY.
FURTHERMORE, SECTION 13 LIMITS OUR LIABILITY AND CONTAINS WARRANTY DISCLAIMERS, INCLUDING A RELEASE BY YOU OF CLAIMS FOR DAMAGES CONNECTED TO THE SERVICES. PLEASE CAREFULLY READ THESE TERMS AND SECTIONS 13 AND 16. YOU ACCEPT THESE TERMS BY USING THE SERVICES.
1. The Services; Changes to the Services or the Terms
2. Eligibility to Use the Services
3. Our Retained Proprietary Rights; Your Limited License to the Services
4. Our Privacy Policy
5. Your User Content and Responsibility for It; Our License to Your User Content and
Right
to Monitor the Use of Services
6. Code of Conduct and Our Enforcement Rights
7. Your Sole Responsibility for Interactions with Other Users; Your Release of Us
8. Report Conduct or User Content on the Services; Trademark & DMCA/Copyright Policy
9. In-Game Purchases, Virtual Items, and Payment Terms
10. Links to Third-Party Websites, Resources, or Advertising
11. Ending Your Relationship with the Services (and vice versa)
12. Your Indemnification of Us
13. Warranty Disclaimers and Limitation of Our Liability
14. Time Limitation on Your Claims against Us
15. Governing Law and Venue for Legal Disputes Not Subject to Arbitration
16. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, Class
Action, Collective Action, and Representative Action Waiver
17. Miscellaneous Provisions
18. Contact Us
Our website (as mentioned above), our online store (if applicable), mobile applications
or games, associated services and content, and any other goods, services, features,
and content that we might offer or make accessible through the Services are all
considered “Services.”
In order to use the Services or some part
of them, you might need to register and create an account (or log in using a third-party
platform). You are responsible for giving us (and any associated third-party platform)
accurate, comprehensive, and most recent account information. Furthermore, neither
your account nor these Terms may be assigned or otherwise transferred to any other
individual or organization, nor may you permit others to use your account. You are also
responsible for protecting your account information and the need to keep your login
credentials private. Regardless of whether you are aware of it or not, you are still
entirely accountable for any activity that takes place under your account.
The Services may occasionally be updated, improved,
enhanced, tested, and further developed (for instance, through bug fixes,
enhancements, security patches, new software modules, or more recent versions).
You acknowledge that your user experience may be impacted by these tests,
enhancements, or improvements. We might occasionally require you to update your
hardware or software in order for you to keep using our services. If you agree to allow
automatic updates, the Services may also download and install updates automatically.
You can always disable automatic updates using your devices’ “Settings” menu or a
comparable feature if you don’t want them to download and install automatically.
Occasionally, we might send you
alerts, notifications, text messages, or other kinds of messages (like emails) about the
Services, your account(s), or specific other products, services, features, or content that
you might find interesting. By using the Services, you agree to receive these
messages and other marketing messages from us, our affiliates, or providers. You can
disable notifications using your devices’ “Settings” menu or a comparable feature if
you don’t want to receive them. Additionally, you can reply “STOP” to any text
message you receive to end it. Please be aware that depending on your wireless
carrier’s message plan, there may be fees associated with messaging. For information
about your text or data plan, please reach out to your wireless provider.
Your region, the device and operating
system you use, how you use the Services, the evolving requirements of applicable
laws, and other factors may all affect the functionalities and features of the Services.
Among other technical requirements, you must have internet access, compatible
hardware, and software (possibly the most recent versions of that software) in order to
use the Services. We have no control over any of these or related factors that may
impact the Services’ performance. Any third-party expenses, such as equipment,
internet, and other connection fees, that you incur in order to use the Services are
entirely your responsibility. Occasionally, third-party failures beyond our control or the
requirement for routine maintenance, updates, or repairs may also cause interruptions
to your access and use of the Services. We make no guarantees or representations of
any kind regarding the availability or performance of the Services, as detailed below.
Because our Services change over time, we may
change, suspend, restrict, terminate, or cancel the Services or any part of them at any
time, at our sole discretion. We also reserve the right to suspend, restrict, delete, or
remove access to the Services or any part of them, as well as to add or remove
features or functionality at any time. Furthermore, your right to use the Services or any
part of them will be automatically terminated or suspended if we discontinue providing
and/or supporting them at any time, either permanently or temporarily. If any of these
things happen, we will not give you any refunds, benefits, or other compensation for
the discontinued aspects or elements of the Services or for Virtual Items (as defined
below) that you have already earned or purchased, unless mandated by applicable law
or otherwise agreed upon by us.
Furthermore, we reserve the right to update or change
these terms at any time. We will publish the updated Terms if we make any changes.
Additionally, we might use the Services to directly notify you. Your consent to be bound
by the updated Terms if you keep using the Services after those changes or updates
take effect. You are required to stop using the Services if you do not accept the
updated Agreement.
We and our licensors (or other providers) retain all legal rights, title, and interest in and
to all other components of the Services, including all related intellectual property, the
technology and software that provide the Services, any enhancements or derivative
products or services, and all other aspects of the Services, with the exception of the
limited license granted herein. All rights not specifically granted to you are reserved by
us.
Provided that you agree to and continue to
comply with these Terms (including the Code of Conduct outlined below), we grant you
a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to
access and use the Services solely for your personal, non-commercial, and
entertainment purposes. You agree not to use the Services for any other reasons,
including commercial or non-personal purposes. Additionally, you agree not to modify,
create derivative works from, decompile, or attempt to extract source code from any
part of the Services. Any unauthorized use will result in the termination of this limited
license, may lead to the immediate suspension or termination of your account, and
could also violate applicable laws.
If you provide suggestions about any features,
functionality, or performance of the Array Services that we choose to implement, those
features, functionality, and performance will automatically be assigned to us under
these Terms and will become our exclusive property. To the extent allowed by law, you
waive any moral rights you may have regarding such suggestions and feedback.
If you breach these Terms or any other
applicable terms, we may, at our discretion, terminate your account or take other legal
actions with or without prior notice. ANY ATTEMPT BY YOU TO DISRUPT OR
INTERFERE WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO
UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE
SERVICES OR ANY PART OF THEM, CONSTITUTES A VIOLATION OF THESE
TERMS AND MAY BE A BREACH OF CRIMINAL OR CIVIL LAWS.
You may post, submit, publish, display, share, or transmit content or materials (collectively, “Post”) to us and other users (collectively, “User Content”) on or through the Services using a variety of forums, networks, and other features or functionality that may be included in the Services. The following content standards must be adhered to by all user content: In addition to not being unlawful, fraudulent, deceptive, obscene, threatening, defamatory, invading privacy, violating intellectual property rights, or otherwise harmful to third parties or objectionable, user content must also not include or contain software viruses (or other malicious code), commercial solicitations, chain letters, mass mailings, or any type of “spam.”
In Posting User Content, you represent and guarantee that:
● All of the rights to the user content you post are yours, or you have other control over them.
● There will be no false or misleading information in the User Content.
● The User Content will not harm any individual or organization and does not infringe upon these Terms or any third party’s rights, including intellectual property rights.
You are aware that other users may copy your User Content and discuss it on and off the Services. You may also be held liable if you post User Content without authorization. Any User Content posted by you or any other third party is not our responsibility, and we do not assume any liability. Furthermore, we neither endorse nor guarantee any User Content’s correctness, effectiveness, veracity, or appropriateness.
Any User Content you post will be deemed
non-proprietary and non-confidential. You give us the nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display any User
Content you post in any media worldwide without giving you any prior notice or
payment. You give up any moral or attributional rights you may have in your User
Content to the extent allowed by applicable law.
You acknowledge that when you use the Services (or any part of them), you will never:
● Use the Services in a way that could cause us to violate or breach any
applicable laws or regulations, or in a way that encourages the violation or
breach of any applicable laws or regulations, whether on purpose or
accidentally.
● Participate in any activity that we determine, at our sole discretion, to be against
the spirit or intent of the Services, such as trying to access the Services without
authorization or avoiding or altering these Terms, the game rules, the game
mechanics, or any other rules or policies.
● Violate any third-party platform provider’s terms and conditions, including those
governing any payments you make to us or through any platform, in order to
access and/or use the Services.
● Disrupt or interfere with other players’ use of the Services, including by using
foul, offensive, or harassing language, being abusive, shouting excessively (all
caps), spamming, flooding, repeatedly hitting the return key, or engaging in
similar behavior. This includes interfering with the regular game play or game
mechanics, chat, or dialogue within the Services.
● Engage in any behavior that could be offensive or objectionable to another
player or our staff (including Customer Support), including harassing,
threatening, bullying, embarrassing, spamming, or making disparaging remarks
about someone’s race, sexual orientation, religion, heritage, or other
characteristics. Any kind of hate speech or threats against other players or our
staff—including Customer Support—will not be accepted.
● Participate in any activity or group that may be deemed illegal, inappropriate,
abusive, harassing, filthy, threatening, hateful, offensive, vulgar, obscene,
sexually explicit, defamatory, infringing, an invasion of privacy, or otherwise
objectionable, or contribute or post user content.
● Post anything that might be considered inappropriate, abusive, hateful,
harassing, profane, defamatory, threatening, obscene, sexually explicit,
infringing, an invasion of privacy, vulgar, offensive, indecent, or illegal, including
topics, names, screen names, avatars, personas, or other materials or
information.
● Post a message or other User Content for any reason other than private
correspondence, such as spam, chain letters, pyramid schemes, advertising, or
other commercial or solicitation activities.
● Pose as someone else or make false claims to be our representative or
employee (or the representative or employee of our corporate parents or
affiliates).
● Use the in-game complaint or support buttons improperly, or submit fictitious
reports to customer service.
● Try to get a password, account details, or other private information from another
person using the Services or from one of our staff members.
● Utilize any form of payment to access or buy services fraudulently, without the
owner’s consent, or in any other way related to a crime or other illegal activity.
● To access this website for any reason or to duplicate any content on it, use a
robot, spider, malware, or other automated process.
● Utilize or share unapproved software applications or tools, including “auto”
programs, “macro” programs, “cheat utility” software, or similar applications,
exploits, cheats, or any other software or tools for hacking, modifying, or
cheating in games. This also includes “tricks” or “cheats” intended to acquire
discounted or free virtual goods or items (as defined below).
● Alter any file or other aspect of the services that you are not expressly permitted
to alter.
● Engage in any kind of cheating, boosting, or booting, or use, create, host,
distribute, or post exploits, cheats, automation software (bots), undocumented
features, design flaws, or issues in the Services or any content they offer,
including virtual goods or Virtual Items (as defined below).
● Use any method (such as GPS spoofing) to change or fabricate a device’s
location.
● Use or disseminate fake software or content, including virtual items (as
described below) or virtual goods.
● Try using the Services on or through any service that we don’t have any
authority over or permission to use.
● Unless specifically permitted by us, you may not sell, purchase, trade, or offer to
sell your account, any personal access to the Services, including Virtual Items
(as defined below), and other entitlements via the Services, a third-party
website, or in connection with any out-of-game transaction.
● Utilize the Services in a nation where applicable export control laws or other
comparable laws and regulations forbid us from providing such services.
● In any game, use your full name as your username or persona; use someone
else’s username or persona; or use a username or persona that might be
interpreted as offensive, vulgar, generally objectionable, or a violation of
third-party rights.
● Participate in any other activity that disrupts the Services’ tranquil, equitable,
and courteous atmosphere.
● Use, post, or repost user data that may be publicly accessible within the
Services (for example, on a leaderboard or in a chat feature) for any
non-Service-related purpose, including attempting to locate or get in touch with
those users offline.
● Interfere with or interfere with any server or network that supports or provides
the services, as well as any services that are hacked or cracked.
● Use any software or program that corrupts, interferes with, or interferes with the
services, another person’s computer, or their property. Examples include
spamming, hacking, denial of service attacks, uploading worms, Trojan horses,
cancel-bots, spyware, corrupted files, time bombs, and computer viruses.
● Encourage, support, engage in, or assist with any of the aforementioned
activities.
If you violate this Code of Conduct or any
other part of these Terms, you risk having your account and access to the Services (or
any part of them) suspended, terminated, and/or facing any of the penalties listed in
these Terms or available under applicable law.
Your interactions with other players, including
those that take place through your User Content, are entirely your responsibility as a
user. Although we are under no obligation to intervene, we may decide to do so if you
are having issues with another player. You will cooperate completely with any
investigation we ask for, including giving us access to any part of your account that
might be pertinent to the inquiry.
Unless otherwise specified by applicable law, if you have a
dispute with another player, you release us (and our employees, officers, directors,
agents, corporate parents, affiliates, subsidiaries, and joint ventures, as well as each
of their respective legal representatives, successors, and assigns) from any claims,
demands, losses, costs, liabilities, damages (indirect, actual, or consequential,
including loss of profits, goodwill, use, or data), and expenses (including attorneys’
fees) of any kind and nature, whether known or unknown, expected or not expected,
contingent or absolute, apparent or not apparent, that result from or relate to that
dispute.
If you live in
California, you agree to be familiar with California Civil Code §1542, which forbids the
release of unidentified claims in any other way and states the following:
A general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or
her settlement with the debtor or released party.
As the “creditor or releasing party,” you hereby specifically consent to giving up any
rights you might have under Section 1542 or comparable laws in any relevant.
You are not required to make any kind of
purchase in order to use the services. The ability to purchase in-game goods or earn
virtual in-game items, such as virtual coins, tokens, points, or other goods or services
(collectively, “Virtual Items”), may be one of the services offered. In order to acquire a
limited, personal, non-transferable, and revocable license and the right to use these
Virtual Items within the Services for your own personal, non-commercial, and
entertainment purposes only, you will need to pay a fee using “real world” money if you
decide to buy Virtual Items. Virtual items can never be purchased, transferred (to
another user, between games, etc.), or exchanged for “real world” cash, merchandise,
or any other item of monetary or other value from us or any other party. They also
have no equivalent “real world” monetary value. Only for added entertainment value
within our services do we offer virtual items.
You are aware that the cost of virtual items can change over time and for various
users. The amounts of any Virtual Item do not correspond to “real” money or any credit
balance in actual real-world currency, and you are aware that even though you may
“earn,” “buy,” or “purchase” Virtual Items through our Services, you do not legally
“own” them. Your account and any associated virtual items belong to us. The amounts
of any Virtual Items or “virtual currency” balance that are displayed in your account are
merely a gauge of the scope of your limited license; they have no real-world or
game-related value. At any time and at our sole discretion, we may manage, alter,
suspend, or remove Virtual Items (or their prices), with or without prior notice.
You agree to pay us (through our web store or a
third-party platform) the applicable charges for your purchase, including any applicable
taxes incurred by you or anyone using an account registered to you, using a legitimate
payment method that we (or the relevant third-party platform) may accept in
accordance with the billing terms and prices in effect at the time the fee or charge
becomes payable. This is applicable when you purchase Virtual Items or other content
that may be made available.
You may request a refund
or correction in accordance with our or the applicable third-party payment provider’s
practices, guidelines, or policies if you were charged for Virtual Items that you did not
purchase, did not receive the items you purchased, or were charged an incorrect
amount. As previously mentioned, if you bought Virtual Items through our web store (if
applicable) or other application stores or third-party platforms like Meta, Apple, or
Google, your purchases and refund requests will be governed by the terms and
conditions of those platforms’ payment policies and must be made directly to those
providers. By getting in touch with Customer Support or by following additional
guidelines found within our services, you can ask for a refund for purchases you made
directly from us. We must receive any refund requests within 96 hours of the purchase.
Any requests for refunds from third-party payment providers must be fulfilled within the
time frame outlined in the terms of the applicable third-party payment provider.
YOU UNDERSTAND THAT WE ARE UNDER NO
OBLIGATION TO GIVE YOU A REFUND FOR ANY REASON, AND THAT YOU WILL
NOT BE COMPENSATED FOR ANY VIRTUAL GOODS THAT YOU HAVEN’T USED
WHEN AN ACCOUNT IS CLOSED, WHETHER THAT CLOSURE WAS VOLUNTARY
OR NOT, OR WHETHER YOU PAID USING OUR WEBSITE OR SERVICES,
ANOTHER PLATFORM LIKE APPLE, GOOGLE, META, OR ANY OTHER WEBSITE
OR PLATFORM WHERE WE PROVIDE OUR SERVICES, INCLUDING OUR WEB
STORE (IF APPLICABLE). IF WE TERMINATE OR SUSPEND YOUR ACCOUNT
FOR ANY REASON, AT OUR SOLE DISCRETION, OR IF THE SERVICES (OR ANY
PART OF THEM) STOP BEING AVAILABLE, YOU WILL FORFEIT ALL VIRTUAL
ITEMS. NO REFUND WILL BE GIVEN, AND NO VIRTUAL ITEMS WILL BE
CREDITED TO YOU OR CONVERTED TO CASH OR OTHER FORMS OF
REIMBURSEMENT IF YOUR ACCOUNT, OR A SPECIFIC SUBSCRIPTION FOR
THE SERVICES RELATED TO YOUR ACCOUNT, IS TERMINATED, SUSPENDED,
AND/OR IF WE HAVE TO REMOVE OR REVOKE ANY VIRTUAL ITEMS FROM
YOUR ACCOUNT. TO THE FULLEST EXTENT PERMITTED BY LAW, PURCHASES
MADE IN ORDER TO OBTAIN A LIMITED LICENSE AND THE RIGHT TO USE
VIRTUAL GOODS ARE NOT REFUNDABLE.
You acknowledge that all virtual item purchases are final and that we are under no
duty to issue a refund after a purchase has been made. When you buy a virtual item,
you consent to having it delivered to you as soon as your order is approved. If you
reside in the UK or the European Economic Area, you will forfeit your statutory right to
withdraw from your purchase of a Virtual item and the related terms as soon as you
access and use that Virtual item.
We have the right to remove your access to a Virtual item if you receive a refund for
purchasing it for any reason. If we discover evidence of fraud, abuse, or other
manipulative behavior on your part, we have the right to (i) deny a refund request, (ii)
suspend or cancel payment of a refund we have agreed to make, and (iii) remove your
access to a Virtual Item to which that refund relates.
For the Services, including Virtual Items, we might
provide subscriptions to a recurring payment plan. When you buy a subscription (or
activate a free trial subscription that automatically turns into a paid subscription if it
isn’t canceled before the free trial period ends), you request that we start providing the
subscription services right away and you have signed a periodic subscription contract
with us. Unless you cancel, your subscription will automatically renew after the
designated cycle (such as 30 days) without your knowledge. Until you cancel, we will
automatically charge the payment method linked to your account, plus any applicable
taxes, on the date of your renewal (or, if you haven’t canceled, the date on which your
free trial turns into a paid subscription). Please be aware that costs and fees, including
those related to subscriptions or Virtual Items, are subject to change at any time and at
our sole discretion. We will notify you beforehand and provide you with the option to
cancel if we make changes to the periodic subscription rate. The platform will charge
subscriptions bought through third-party platforms in line with its terms of
payment. For more details, carefully read the payment terms on the relevant
platform.
Unless you or we terminate your
subscription, it will automatically renew without notice after the designated cycle (e.g.,
30 days).
If you don’t cancel your subscription before it renews each billing period (or your trial
subscription before the trial period ends), your selected payment method will be
automatically charged for the subsequent period. All fees and charges must be paid on
time, and you are entirely in charge of making sure the payment details linked to your
account are accurate. For whatever reason, your subscription might be automatically
terminated if your payment fails to process.
THERE WILL BE NO REFUNDS OR CREDITS FOR PARTIALLY USED
SUBSCRIPTION PERIODS, AND SUBSCRIPTION PAYMENTS ARE
NON-REFUNDABLE UNLESS REQUIRED BY APPLICABLE LAW.
All of these Terms’ provisions, such as warranty disclaimers,
liability limitations, and dispute resolution clauses, will remain in effect in the event that
the Services or your account(s) are terminated or cancelled.
You guarantee that we, our present and future affiliates, parent companies, and
licensors, as well as their officers, directors, employees, contractors, agents, licensors,
suppliers, insurers, and reinsurers, will defend, indemnify, and hold harmless, to the
fullest extent allowed by applicable law, against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’
fees) arising out of or related to these Terms, your use of the Services or any portion of
them, your posting of User Content, or any violation of these Terms. You agree to
assist in the defense of any actions that fall under this clause.
The statutory rights you may have as a Service user are unaffected by these Terms.
The limitation of certain liabilities or the exclusion of certain warranties are prohibited
in some jurisdictions. The following exclusions and limitations will only be applicable in
those jurisdictions to the extent that their laws permit them.
Warranty Disclaimers — It is entirely at your own risk to use and access the
Services. We make no warranties of any kind and offer the services “as is” and “as
available.”
● Regarding the functionality of the Services, as well as the information, content,
materials, products (including software), and other services offered on or
through the Services, we make no explicit or implied representations or
warranties. As previously mentioned, your hardware, software, internet access,
and other variables—all of which are beyond our control—may have an impact
on how well the Services perform. Furthermore, we reserve the right, at any time
and for any reason, to suspend, remove, or limit the availability of all or any part
of our services.
● You explicitly acknowledge that using the Services is entirely at your own risk.
We disclaim all express and implied warranties, including those resulting from
course of dealing or use of trade, regarding the Services, to the fullest extent
permitted by law. These warranties include implied warranties of merchantability,
fitness for a particular purpose, quiet enjoyment, non-violation, and availability.
● We make no guarantees that the services will satisfy your needs, be safe,
virus-free, or uninterrupted, that errors will be fixed, or that you won’t experience
any technical difficulties or connectivity problems.
● Regarding any information, content, materials, products, or other services that
are included on or otherwise made available through the Services, including
User Content, we do not guarantee their quality, accuracy, timeliness,
truthfulness, completeness, or reliability.
● YOU USE THE SERVICES AND ACCESS THEM AT YOUR OWN RISK. WE
EXPLICITLY DISCLAIM ALL WARRANTIES, IMPLIED OR OTHERWISE,
REGARDING THE SERVICES.
Limitation of Our Liability and Cap on Damages — You understand and agree that,
to the greatest extent allowed by law, neither we nor any other party involved in the
development, production, or delivery of the Services—including our affiliates and
corporate parents—will be held accountable:
● For any personal injury or indirect, incidental, punitive, special, exemplary,
consequential, liquidated, or punitive damages, including lost profits, loss of data
or goodwill, service interruption, computer damage, system failure, or the cost of
substitute services, in any way whatsoever (and under any theory in any
applicable jurisdiction, including warranty, contract, and tort or negligence)
arising out of or in connection with these Terms or your use of or access to the
Services, even if we have been advised of the possibility of such damages; or
● For third-party behavior, such as that of other Service users, User Content, and
any operators of third-party platforms, applications, goods or services, websites,
or resources. By using any third-party platforms, goods or services, websites, or
resources, you accept full responsibility for them and all associated risks. You
alone bear all the risk when using any third-party app or platform.
Furthermore, to the fullest extent allowed by law, the total amount of money you paid
us in the 6 months prior to making your first claim will be the maximum amount of
money we (and any other party involved in developing, producing, or delivering the
Services, including our affiliates and corporate parents) could owe you for anything
related to these Terms, your relationship with us, or your use of or access to the
Services. Even in the event that no remedy offers sufficient restitution, these
restrictions and exclusions pertaining to damages remain in effect. Regardless of the
aforementioned, our total liability in any action relating to these Terms, your
relationship with us, or your use of or access to the Services will be twenty U.S. dollars
(US$20) if you have not paid any money in the 6 months prior to your first asserting
any claim.
If you make a claim for statutory damages or penalties, you consent to giving up the
right to stack or combine those statutory damages or penalties when determining the
damages you are requesting. As stated here, you acknowledge that in any event, our
total liability in any action relating to these Terms, your relationship with us, or your use
of or access to the Services will not be greater than the total amount of money you
have paid during the 6 months prior to the time you first make any claims, or twenty
U.S. dollars (US$20) if no money has been paid.
You acknowledge that you have one year from the date of the alleged claim to file any
claims you may have regarding these Terms, your relationship with us, or any of their
related matters. In the event that it is not timely, you accept and agree that your claim
will be permanently barred.
The internal laws of the State of California shall govern and enforce these Terms, as
well as any claims or defenses based on, arising out of, or related to these Terms or
our relationship under these Terms, without reference to the State’s choice of law rules
or any principle requiring the application of the law of any other jurisdiction.
Unless we both agree otherwise, any disputes not covered by the Agreement to
Arbitration outlined in these Terms may only be heard in (i) small claims court or (ii) the
state or federal courts in Santa Clara County, California. For the purposes of any such
action, each of us agrees that Santa Clara County, California, will serve as the venue
and personal jurisdiction.
In the event that any dispute or claim arises out of or relating to these Terms, we will
discuss, negotiate, take into account our shared interests, and try to come to a
mutually agreeable resolution. To file a dispute, your first step must be contacting
Customer Support and then following the guidelines outlined below for the Informal
Dispute Resolution Process. If these informal efforts fail to address the issue or
concern, as detailed below and subject to some exceptions, we each agree to settle
any disagreement between us through binding arbitration or small claims court rather
than in general jurisdiction courts.
The majority of user issues or concerns can be fixed by contacting our Customer
Support team at
contact@tjpsol.com. If you have any questions or concerns about the
Services,
you must first get in touch with us to discuss your concerns or issues
before starting the Informal Dispute Resolution Process (described below) or
any arbitration or court proceeding under this Section. That’s how most
conflicts can be settled.
If you have any concerns or disputes that we are unable to resolve, you agree to
contact us and provide a written notice of claim (the “Notice of Claim”) by sending an
email to
contact@tjpsol.com (Attn: Legal), with a copy to
labssupport@applovin.com.
A personalized and clear explanation of the nature and factual foundation of your
individual, personal claim(s), the relief you are seeking (including a good faith estimate
of the precise amount in dispute), and enough information to identify you, your
address, phone number, email, and account(s) must all be included in the Notice of
Claim. If you are bringing a dispute about a game or mobile application, you must
include your in-app or in-game Gamer ID or User ID in your Notice of Claim for us to
identify your account. By going to the Settings or a comparable feature in the game or
mobile application, you can find this information. Your Notice of Claim cannot be
combined with a Notice of Claim for another person; it can only contain your personal
claim(s). Following the submission of your Notice of Claim, you and we then agree to
meet and discuss your specific claim in good faith via phone, email, or video
conference (such as Zoom) before moving forward.
This section describes how you and we agree to settle any disagreement pertaining to
your Notice of Claim that cannot be settled through the Informal Dispute Resolution
Process within 60 days of us receiving the Notice of Claim.
We each agree to settle
any disagreement between us through binding arbitration or a small claims
court rather than in general jurisdiction courts, with some exceptions listed
below. You acknowledge and concur that you and we are forfeiting our right to a
trial by a judge or jury as well as our right to file a lawsuit in court.
Agreement to Arbitration; Exceptions to Agreement to Arbitration
Unless otherwise specified, if we are unable to settle our disagreement through
customer service or the above-described Informal Dispute Resolution Process,
YOU
AND WE BOTH AGREE THAT ANY DISPUTES OR CLAIMS BETWEEN US WILL
BE SETTLED THROUGH BINDING ARBITRATION BEFORE A SINGLE ARBITER.
THIS INCLUDES CLAIMS PERTAINING TO ANY ASPECT OF OUR
RELATIONSHIP, YOUR USE OF THE SERVICES OR ACCESS TO THEM, YOUR
USE OF ANY GAMES, USER CONTENT, OR YOUR ACCOUNT.
All disputes or claims of any kind against us under any legal theory (whether based on
contract, tort, statute, fraud, misrepresentation, or any other legal theory) are covered
by this Agreement to Arbitration, which is meant to be interpreted broadly.
Unless otherwise specified, you and we agree that the arbitrator will have the sole
authority to settle any dispute pertaining to these Terms or the violation, termination,
enforcement, interpretation, or validity of these Terms, including deciding whether this
Agreement is applicable, enforceable, or has any scope. This includes inquiries as to
whether any disagreement between us is subject to this Agreement to Arbitration (i.e.,
whether the arbitrator will determine whether a dispute can be arbitrated) and whether
all or any part of these terms are null and void, unless otherwise specified.
Please be aware that an arbitration is a hearing conducted by an impartial arbiter
rather than a jury or judge. Compared to a court case, arbitration is less formal and
offers less discovery. It is subject to very little judicial review and operates under
different rules than court proceedings. If either party requests it, the arbitrator will
provide a written decision along with a statement of reasons.
The following categories of claims or disputes that you or we may file in court in line
with these Terms are not covered by this Section:
(1) allegations of intellectual property rights violations or other abuses, including those
requesting injunctive action;
(2) requests for preliminary injunctions for these terms’ violations;
(3) asserts that any award or order may be enforced or recognized in any relevant
jurisdiction; and
(4) small claims, as explained below.
The Small Claims Court Exception allows anyone to file a claim in the Santa Clara
County, California, small claims court, or the county or jurisdiction in which they reside.
By giving notice to both parties (and the arbitration provider) prior to the appointment
of an arbitrator, the other party may choose to resolve a claim in arbitration that could
have been brought in small claims court instead of arbitration. The arbitration provider
will then administratively close the case before charging any fees, and the party
bringing the claim must proceed in small claims court instead of arbitration.
Instead of an arbitrator, the small claims court will decide any disagreement regarding
whether a claim is appropriate for the small claims court. Unless and until the small
claims court decides that the claim should proceed in arbitration instead of small
claims court, the arbitration proceeding will remain closed in the event of any such
dispute.
Any federal, state, or local government agencies may, if permitted by law, seek relief
from us on your behalf; this Agreement to Arbitrate does not preclude you from doing
so.
This agreement to arbitrate is subject to the Federal Arbitration Act. Any arbitration will
be governed by the (i) Streamlined Arbitration Rules & Procedures of JAMS and (ii)
the Mass Arbitration Procedures and Guidelines of JAMS, if seventy-five or more
similar demands for arbitration are filed by claimants represented by either the same
law firm or law firms acting in coordination (a “Mass Arbitration”), as amended by
these Terms. At
https://www.jamsadr.com/rules-streamlined-arbitration/, you can
access the Rules. In addition, for Mass Arbitration, visit at
https://www.jamsadr.com/mass-arbitration-procedures. One arbitrator who is fluent in
English will be chosen by us and will be subject to these terms. These Terms will take
precedence over the arbitration provider’s rules in the event of a conflict, including
when it comes to determining the fees and costs of arbitration.
To initiate an arbitration proceeding, use the form found on the JAMS website
(https://www.jamsadr.com/submit/). The nature and factual foundation of your
individual, personal claim(s), the relief you seek (including a good faith estimate of the
precise amount in dispute), and enough information to identify you, your address,
phone number, email, and account(s) must all be included in your arbitration demand.
If you are bringing a dispute about a game or mobile application, you must include
your in-app or in-game Gamer ID or User ID in your Notice of Claim for us to identify
your account. By going to the Settings or a comparable feature in the game or mobile
application, you can find this information. Furthermore, your demand for arbitration
must show that you have complied with the previously mentioned requirements for
arbitration (e.g., contacting customer service first, then following the Informal Dispute
Resolution Process before proceeding to arbitration). The party bringing the claim
must first fulfill the above-mentioned arbitration preconditions before proceeding with
arbitration, and
the arbitration provider may administratively close the case on its
own initiative or upon notice if the arbitration demand does not show compliance
with these requirements.
Any arbitration required by this Section to be conducted in person (rather than through
a more convenient virtual forum) will be conducted in accordance with these Terms
and the Rules. Given their ability to travel and other relevant factors, the parties agree
that any live proceedings, including the arbitration hearing, will take place at a location
that is reasonably convenient for both of them.
Unless these Terms specify otherwise, the Rules will control the payment of all filing,
administrative, arbitrator, and arbitration costs. Despite the aforementioned, we will
pay the costs of arbitration if you can show that you cannot afford them, if you are
eligible for a statutory exemption, or if the arbitrator finds that paying any part of the
costs would be prohibitively expensive (in comparison to litigation). However, if the
arbitrator finds that the other party’s claims (or counterclaims) are baseless or were
brought for an improper purpose, either party may seek to recover their attorneys’ fees
and costs in arbitration. Regardless of the amount you seek, neither party shall be
entitled to have the other party pay their attorneys’ fees or costs.
In the event of a dispute that arises between us and you or any other user, you and we
both agree that we can only file a claim against each other individually. UNLESS
OTHERWISE SPECIFIED, NEITHER YOU NOR WE MAY BRING A CLAIM AS A
PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE
ARBITRATION, CONSOLIDATED ACTION, COLLECTIVE ACTION, OR
REPRESENTATIVE ACTION WITH REGARD TO MATTERS THAT QUALIFY AS A
MASS ARBITRATION. UNLESS WE BOTH AGREE OTHERWISE IN WRITING, THE
ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A
SINGLE CASE OR PRESIDE OVER ANY COMBINED, CLASS, COLLECTIVE, OR
REPRESENTATIVE ARBITRATION PROCEEDING WITH REGARD TO MATTERS
THAT QUALIFY AS MASS ARBITRATION, EXCEPT AS PROVIDED HERE.
NEVERTHELESS, THE ARBITRATOR WILL HAVE THE POWER TO GRANT ANY
AND ALL LEGALLY PERMITTED REMEDIES IF ANY PART OF THIS
CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE
ACTION WAIVER IS FOUND TO BE UNENFORCEABLE OR INVALID.
YOU ARE AWARE THAT, IN THE ABSENCE OF THIS ARBITRATION AGREEMENT,
YOU WOULD HAVE BEEN ENTITLED TO A COURT HEARING, A JUDGE OR JURY
TO DECIDE YOUR CASE, AND PARTICIPATION IN A CLASS, COLLECTIVE,
REPRESENTATIVE, OR CONSOLIDATED ACTION. NONETHELESS, YOU ARE
AWARE OF THIS AND DECIDE THAT ANY CLAIMS WILL BE RESOLVED
INDIVIDUALLY AND SOLELY BY ARBITRATION (OR AS A QUALIFYING MASS
ARBITRATION).
To the greatest extent allowed by the relevant legislation, this section is applicable.
Any part of this section that is determined to be unlawful or unenforceable by a
competent authority will be removed, and the remaining parts of this section will
remain fully enforceable.
If any competent authority finds that the applicable law prohibits the arbitration of any
of these claims, causes of action, or requested remedies, then that claim, cause of
action, or requested remedy will be severed from this Agreement to Arbitration (as
explained below) and brought in a court of competent jurisdiction. If a claim, cause of
action, or requested remedy is severed in accordance with this paragraph,
you and we then agree that any claims, causes of action, or requested remedies that
are not subject to arbitration will be stayed until the arbitrator has resolved all
arbitrable claims, causes of action, and requested remedies.
When these Terms are terminated, this Section will remain in effect.
Photosensitivity Warning — Regardless of whether they have a history or a
diagnosed condition, some people may react to specific images, backgrounds,
features, or effects in our services, site, or other content, such as flashing lights or light
patterns. Before playing, speak with your doctor if you or anyone in your family has an
epileptic condition. If you encounter any problems or symptoms while using our
services or playing a game, IMMEDIATELY stop using them and speak with your
doctor.
Entire Agreement — All previous oral or written understandings or agreements
between you and us regarding the Services are superseded and replaced by these
Terms, which represent the only and complete understanding and agreement between
you and us.
Severability — Any provision of these Terms that is deemed invalid or unenforceable
by a court of competent jurisdiction will be enforced to the greatest extent possible,
and the remaining provisions of these Terms will remain fully enforceable.
No Assignment or Transfer by You — You may not assign or transfer these Terms,
by operation of law or otherwise, without our prior written consent. 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.
No Waiver — We shall not be deemed to have waived any of these Terms’ rights or
provisions if we fail to enforce them. Waiving any such right or provision will only take
effect if our duly authorized representative signs the waiver in writing. If either party
exercises any of its remedies under these Terms, it will not affect its other remedies
under these Terms or otherwise, unless specifically stated in these Terms.
California Notice — In accordance with California Civil Code Section 1789.3, we
would like to inform Californian consumers that they can reach the California
Department of Consumer Affairs’ Complaint Assistance Unit by phone at 1(916)
445-1254 or 1(800) 952-5210, or in writing at 1625 N. Market Blvd., Suite N 112,
Sacramento, CA 95834. You can write to us at the addresses listed in the “Contact
Information” section.