Website Terms of Use
Version 1.2
Last revised on: February 14, 2022
The website located at playdex.io (the “Site”) is a copyrighted work belonging to Catalyst
Studios Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to
additional guidelines, terms, or rules, which will be posted on the Site in connection with such
features. All such additional terms, guidelines, and rules are incorporated by reference into
these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS
AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING
THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE
ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU
HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON
BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT
ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18
YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS,
DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 11.2) ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND
ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Accounts
1.1 Account Creation. In order to use certain features of the Site, you must register for
an account (“Account”) and provide certain information about yourself as prompted by the
account registration form. You represent and warrant that: (a) all required registration
information you submit is truthful and accurate; (b) you will maintain the accuracy of such
information. You may delete your Account at any time, for any reason, by following the
instructions on the Site. Company may suspend or terminate your Account in accordance with
Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of
your Account login information and are fully responsible for all activities that occur under your
Account. You agree to immediately notify the Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security. Company cannot and will not
be liable for any loss or damage arising from your failure to comply with the above
requirements.
2. Access to the Site
2.1 License. Subject to these Terms, Company grants you a non-transferable,
non-exclusive, revocable, limited license to use and access the Site solely for your own
personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the
following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host,
or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed
on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar
or competitive website, product, or service; and (d) except as expressly stated herein, no part of
the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Unless otherwise indicated, any future release,
update, or other addition to functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site (or on any content displayed on the Site)
must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or
discontinue the Site (in whole or in part) with or without notice to you. You agree that the
Company will not be liable to you or to any third party for any modification, suspension, or
discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that the Company will
have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you
acknowledge that all the intellectual property rights, including copyrights, patents, trade marks,
and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.
Neither these Terms (nor your access to the Site) transfers to you or any third party any rights,
title or interest in or to such intellectual property rights, except for the limited access rights
expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in
these Terms. There are no implied licenses granted under these Terms.
3. Accessing the Playdex Service (“Service”)
Like much of Web3, your blockchain address functions as your identity on Playdex. Accordingly,
you will need a blockchain address and a third-party wallet to access the Service. Your account
on the Service (“Account”) will be associated with your blockchain address.
Your Account will be associated with the following:
3.1 Your linked blockchain address via a third-party wallet (Metamask, TrustWallet, etc.)
3.2 A Playdex Wallet (“Wallet”) pegged to your Account
3.1.1 By using your third-party wallet in connection with the Service, you agree
that you are using that wallet under the terms and conditions of the applicable provider
of the wallet.
Third-party wallets are not operated by, maintained by, or affiliated with Playdex,
and Playdex does not have custody or control over the contents of your third-party wallet
and has no ability to retrieve or transfer its contents.
Playdex accepts no responsibility for, or liability to you, in connection with your
use of a third-party wallet and makes no representations or warranties regarding how the
Service will operate with any specific third-party wallet. You are solely responsible for
keeping your third-party wallet secure and you should never share your wallet
credentials or seed phrase with anyone. If you discover an issue related to your
third-party wallet, please contact your third-party wallet provider.
Likewise, you are solely responsible for your Account and any associated
third-party wallet and we are not liable for any acts or omissions by you in connection
with your Account or as a result of your Account or third-party wallet being compromised.
You agree to immediately notify us if you discover or otherwise suspect any security
issues related to the Service or your Account (you can contact us here).
3.2.1 Playdex Wallet, Digital Currency and Digital Assets Title
Digital Currency and Digital AssetsTitle.
All Digital Currencies and Digital Assets like Non-Fungible Tokens (NFTs)
held in your Playdex Wallet are held by the Playdex Inc. for your benefit on a
custodial basis.
Among other things, this means:
(A) Title to Digital Currencies and Digital Assets shall at all times remain with you
and shall not transfer to Playdex Inc.. As the owner of Digital Currencies and
Digital Assets in your Playdex wallet, you shall bear all risk of loss of such Digital
Currency and/or Digital Asset.
Playdex Inc. shall have no liability for fluctuations in the fiat currency value of the
Digital Currency and Digital Assets held in your Playdex Wallet.
(B) None of the Digital Currencies and Digital Assets in your Playdex Wallet are
the property of, or shall or may be loaned to, Playdex Inc.; Playdex Inc. does not
represent or treat assets in a user’s Digital Currency Wallets as belonging to
Playdex Inc. Playdex Inc. may not grant a security interest in the Digital Currency
held in your Digital Currency Wallet. Except as required by a facially valid court
order, or except as provided herein, Playdex Inc. will not sell, transfer, loan,
hypothecate, or otherwise alienate Digital Currency and Digital Assets in your
Playdex Wallet unless instructed by you or compelled by a court of competent
jurisdiction to do so.
(C) You control the Digital Currencies and Digital Assets held in your Playdex
Wallet. At any time, subject to outages, downtime, and other applicable policies,
you may withdraw your Digital Currency and Digital Assets by sending it to a
different blockchain address controlled by you or a third party.
(D) In order to more securely hold customer Digital Currency and Digital Assets,
Playdex Inc. may use shared blockchain addresses, controlled by a member of
the Playdex Inc., to hold Digital Currencies and Digital Assets held on behalf of
customers. Customers’ Digital Currencies and Digital Assets are segregated from
the Playdex Inc. own Digital Currency or funds by way of separate ledger
accounting entries for customer and Playdex Inc. accounts. Notwithstanding the
foregoing, Playdex Inc. shall not have any obligation to use different blockchain
addresses to store Digital Currencies owned by you and Digital Currencies
owned by other customers or by the Playdex Inc.
Playdex Inc. is under no obligation to issue any replacement Digital Currency or
Digital Assets in the event that any Digital Currency, Digital Asset, password or
private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user
submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely
responsible for your User Content. You assume all risks associated with use of your User
Content, including any reliance on its accuracy, completeness or usefulness by others, or any
disclosure of your User Content that personally identifies you or any third party. You hereby
represent and warrant that your User Content does not violate our Acceptable Use Policy
(defined in Section 4.3). You may not represent or imply to others that your User Content is in
any way provided, sponsored or endorsed by the Company. Because you alone are responsible
for your User Content, you may expose yourself to liability if, for example, your User Content
violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and
your User Content may be deleted at any time without prior notice. You are solely responsible
for creating and maintaining your own backup copies of your User Content if you desire.
4.2 License. You hereby grant (and you represent and warrant that you have the right to
grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into
other works, and otherwise use and exploit your User Content, and to grant sublicenses of the
foregoing rights, solely for the purposes of including your User Content in the Site. You hereby
irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights
or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any
User Content (i) that violates any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive
of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous,
pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of
any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to
minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site
any computer viruses, worms, or any software intended to damage or alter a computer system
or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials,
junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users, including e-mail addresses, without their
consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks
connected to the Site, or violate the regulations, policies or procedures of such networks; (v)
attempt to gain unauthorized access to the Site (or to other computer systems or networks
connected to or used together with the Site), whether through password mining or any other
means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use
software or automated agents or scripts to produce multiple accounts on the Site, or to generate
automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site
(provided, however, that we conditionally grant to the operators of public search engines
revocable permission to use spiders to copy materials from the Site for the sole purpose of and
solely to the extent necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials, subject to the parameters set forth in our robots.txt
file).
4.4 Enforcement. We reserve the right (but have no obligation) to review any User
Content, and to investigate and/or take appropriate action against you in our sole discretion if
you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing or modifying your User
Content, terminating your Account in accordance with Section 9, and/or reporting you to law
enforcement authorities.
4.5 Feedback. If you provide Company with any feedback or suggestions regarding the
Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that
Company shall have the right to use and fully exploit such Feedback and related information in
any manner it deems appropriate. Company will treat any Feedback you provide to Company
as non-confidential and non-proprietary. You agree that you will not submit to the Company any
information or ideas that you consider to be confidential or proprietary.
5. Indemnification. You agree to indemnify and hold Company (and its officers,
employees, and agents) harmless, including costs and attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (a) your use of the Site, (b) your
violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User
Content. Company reserves 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. You agree not to settle any matter without the prior written
consent of the Company. Company will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.
6. Third-Party Links & Ads; Other Users
6.1 Third-Party Links & Ads. The Site may contain links to third-party websites and
services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).
Such Third-Party Links & Ads are not under the control of Company, and Company is not
responsible for any Third-Party Links & Ads. Company provides access to these Third-Party
Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party Links & Ads. You use all
Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and
discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third
party’s terms and policies apply, including the third party’s privacy and data gathering practices.
You should make whatever investigation you feel necessary or appropriate before proceeding
with any transaction in connection with such Third-Party Links & Ads.
6.2 Other Users. Each Site user is solely responsible for any and all of its own User
Content. Because we do not control User Content, you acknowledge and agree that we are not
responsible for any User Content, whether provided by you or by others. We make no
guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your
interactions with other Site users are solely between you and such users. You agree that the
Company will not be responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are under no obligation to
become involved.
6.3 Release. You hereby release and forever discharge the Company (and our officers,
employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and
every past, present and future dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature (including personal injuries, death, and
property damage), that has arisen or arises directly or indirectly out of, or that relates directly or
indirectly to, the Site (including any interactions with, or act or omission of, other Site users or
any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING,
WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. Disclaimers
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND
OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND
OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR
REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER
HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY
WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
8. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR
OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS,
LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR
INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES
ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO
A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE
CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE
NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
9. Term and Termination. Subject to this Section, these Terms will remain in full force
and effect while you use the Site. We may suspend or terminate your rights to use the Site
(including your Account) at any time for any reason at our sole discretion, including for any use
of the Site in violation of these Terms. Upon termination of your rights under these Terms, your
Account and right to access and use the Site will terminate immediately. You understand that
any termination of your Account may involve deletion of your User Content associated with your
Account from our live databases. Company will not have any liability whatsoever to you for any
termination of your rights under these Terms, including for termination of your Account or
deletion of your User Content. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and
Sections 4 through 11.
10. Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the
same. In connection with our Site, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our online Site who are repeat infringers of intellectual
property rights, including copyrights. If you believe that one of our users is, through the use of
our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing
material removed, the following information in the form of a written notification (pursuant to 17
U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us
to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that
you are either the owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact
(falsities) in a written notification automatically subjects the complaining party to liability for any
damages, costs and attorney’s fees incurred by us in connection with the written notification and
allegation of copyright infringement.
Attn: Copyright Agent
11. General
11.1 Changes. We may revise these Terms from time to time. The most current version of
the Terms, which will always be at https://playdex.io/tos will govern our relationship with you. We
may try to notify you of material revisions, for example via a service notification or an email to
the email associated with your account. By continuing to access or use the Services after those
revisions become effective, you agree to be bound by the revised Terms.
11.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your
contract with the Company and affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for
injunctive or other equitable relief as set forth below) in connection with the Terms or the use of
any product or service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held
in English. This Arbitration Agreement applies to you and the Company, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns,
as well as all authorized or unauthorized users or beneficiaries of services or goods provided
under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”)
describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the
Company should be sent to: [email protected]. After the Notice is received, you and the
Company may attempt to resolve the claim or dispute informally. If you and the Company do
not resolve the claim or dispute within thirty (30) days after the Notice is received, either party
may begin an arbitration proceeding. The amount of any settlement offer made by any party
may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the
award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that
offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall
agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all
aspects of the arbitration, including but not limited to the method of initiating and/or demanding
arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer
Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at
www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a
single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is
less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding
non-appearance-based arbitration, at the option of the party seeking relief. For claims or
disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US
$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless you reside outside of
the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the
arbitrator shall give the parties reasonable notice of the date, time and place of any oral
hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction. If the arbitrator grants you an award that is greater than the last
settlement offer that the Company made to you prior to the initiation of arbitration, the Company
will pay you the greater of the award or $2,500.00. Each party shall bear its own costs
(including attorney’s fees) and disbursements arising out of the arbitration and shall pay an
equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based
arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely
on written submissions; the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a
claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and
liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall have the authority to grant
motions dispositive of all or part of any claim. The arbitrator shall have the authority to award
monetary damages, and to grant any non-monetary remedy or relief available to an individual
under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award
and statement of decision describing the essential findings and conclusions on which the award
is based, including the calculation of any damages awarded. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court of law would have. The
award of the arbitrator is final and binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE
OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and
less costly than rules applicable in a court and are subject to very limited review by a court. In
the event any litigation should arise between you and the Company in any state or federal court
in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY
WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a
judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED
ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN
ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to
the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties
agree to maintain confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information necessary to enforce this
Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law
to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of the Agreement
shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall
not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with the Company.
(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may
bring an individual action in small claims court.
(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain the status quo
pending arbitration. A request for interim measures shall not be deemed a waiver of any other
rights or obligations under this Arbitration Agreement.
(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of
defamation, violation of the Computer Fraud and Abuse Act, and infringement or
misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be
subject to this Arbitration Agreement.
(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the
courts located within Singapore, for such purpose
11.3 Export. The Site may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to export, reexport, or transfer,
directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing
such data, in violation of the United States export laws or regulations.
11.4 Disclosures. Company is located at the address in Section 11.8. If you are a
California resident, you may report complaints to the Complaint Assistance Unit of the Division
of Consumer Product of the California Department of Consumer Affairs by contacting them in
writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.5 Electronic Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or whether Company posts
notices on the Site or communicates with you via email. For contractual purposes, you (a)
consent to receive communications from Company in an electronic form; and (b) agree that all
terms and conditions, agreements, notices, disclosures, and other communications that
Company provides to you electronically satisfy any legal requirement that such communications
would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable
rights.
11.6 Entire Terms. These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any right or provision of these
Terms shall not operate as a waiver of such right or provision. The section titles in these Terms
are for convenience only and have no legal or contractual effect. The word “including” means
“including without limitation”. If any provision of these Terms is, for any reason, held to be
invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid
or unenforceable provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and your rights
and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred
by you without Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and void. Company may freely
assign these Terms. The terms and conditions set forth in these Terms shall be binding upon
assignees.
11.7 Copyright/Trademark Information. Copyright © 2022 Velocity Studios Inc. All rights
reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our
property or the property of other third parties. You are not permitted to use these Marks without
our prior written consent or the consent of such third party which may own the Marks.
11.8 Contact Information:
Customer Support