auroragames

Terms of Service

Last Updated: March 15, 2025

These Terms of Service contain a binding individual arbitration agreement and class action waiver that will affect your rights regarding any dispute you may have with AURORA DL EDUCATION LLC and require, in certain circumstances, that disputes be resolved by arbitration on an individual basis, rather than by jury trials or class actions. You have the right to opt out. Review these Terms in Section 15 below or click here for more information.

These Terms of Service (“Terms”) are a legal agreement between you and AURORA DL EDUCATION LLC and its subsidiaries and affiliates (“Company”, “we”, or “our”) and govern your use of our website (the “Site”), mobile applications that link to these Terms (the “App” or “our App”), or any other websites, pages, features, or content owned and operated by us that link to these Terms (collectively, the “Service”). These terms explain the terms and conditions that will govern your use of the service.

By accessing or using our Service, you indicate that you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not use the Service.

Content

  1. Eligibility
  2. Updates to these Terms of Service
  3. Privacy Policy
  4. Account Registration
  5. Use of the Service and Prohibited Activities
  6. Links
  7. Termination
  8. Premium Features
  9. Intellectual Property
  10. Content Submitted by You
  11. Third-Party App Stores
  12. Third-Party Websites
  13. Other Policies
  14. Legal Disputes, Arbitration Agreement, and Class Action Waiver
  15. Disclaimer; Limitation of Liability
  16. Indemnification
  17. Notice to New Jersey Users
  18. Notice to California Users
  19. Digital Millennium Copyright Act Policy
  20. General Terms
  21. Contact Information
  1. Eligibility

When you use the Services, you represent that: (a) you are 16 years of age or older (or the age of consent in your jurisdiction); (b) the information you submit is true 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.

  1. Updates to these Terms of Service

We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the revised Terms on the Services prior to the effective date of the modification. In addition, you will be asked to accept the new Terms of Service when you first access the Services and log into your user account after the new Terms of Service become effective. If you do not agree to the proposed changes, you should stop using the Services before the new Terms of Service become effective. If you continue to use the Services after the new Terms become effective, you understand and acknowledge that you will be bound by the modified Terms of Service.

  1. Privacy Policy

When you use the Services, please review our Privacy Policy to understand how we use information collected from you when you visit, browse or use the Services. You may contact us with any questions using the contact information included in the Privacy Policy.

  1. Account Registration

To access certain features of our Services, you may need to register for an account (“Account”). As part of your Account, you can create a user profile, sync your activities between devices, and access certain features that are only available to registered members. You can register for an Account by completing the registration process when prompted by our Application. We may reject User IDs (or email addresses) for any reason in our sole discretion, and you may not use them. For example, we may reject User IDs (or email addresses) that are already being used by someone else; that could be construed as impersonating someone else; that belong to someone else; that infringe on the intellectual property or other rights of any person; or that are objectionable. You may only have one active account on the Application at any given time, and you may not allow others to access the Services using your Account.

If you register for an Account, you agree to: (a) provide true, accurate, current and complete information about yourself, whether by entering it into the Service’s registration form or by authorizing your social media account to provide us with your information (“Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) you will not engage in any of the prohibited activities set forth in Section 5 below.

You agree not to share your account login name and password with others and to maintain their confidentiality. You are solely responsible for actions taken using your account, including any financial liability incurred. Additionally, if you use a device shared with others, you agree to exit from your Account at the end of each session.

You agree to contact us as soon as possible to notify us of any unauthorized use of your username, login ID, password, or any other breach of security involving or related to the Service. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Service and your Account, including, without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. We expressly disclaim liability for any and all losses and damages arising from your failure to comply with this Section.

  1. Use of Services and Prohibited Activities

Our Services are intended for learning, gaming and entertainment purposes only. You understand and agree that the Services are not intended or designed to diagnose, prevent or treat any condition or disease, are not intended to determine your health status, and are not intended to replace professional medical care tailored to your individual condition and circumstances. Not all activities described in the Services are suitable for everyone. You assume full responsibility for your use of the Services.

Our Services may be temporarily suspended without notice for security reasons, maintenance or repair, system failures or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

You must comply with all applicable statutes, orders, regulations, rules and other laws when using the Services. You agree that when using the Services, you will not:

  • Use the Services for any improper, fraudulent, illegal or unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial email or other communications, or making unauthorized frames, mirrors or links to the Services without our express written consent;
  • Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, rights of publicity or privacy; (ii) violates or encourages any conduct that would violate any applicable law or regulation or give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening, or promotes violence or conduct that is threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Post or transmit through the Service any sensitive personally identifiable information about yourself or a third party, such as social security, credit card or bank account numbers, health or medical information, or other information about personal matters, unless we specifically request it;
  • Take any action that interferes with, disrupts, or creates an undue burden on the Service or the networks, infrastructure, or functionality associated with the Service;
  • Take any action that interferes with any other party’s use of the Service;
  • Use any meta tags, “hidden text,” agents, robots, scripts, spiders, crawlers, or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access, or manage any information from the Service or any other user of the Service;
  • Distribute, transmit, copy, or otherwise make available any software viruses, worms, spyware, adware, malware, programs, code, files, or other technology that is harmful or invasive, or that is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
  • Impersonate any other person or entity, sell or allow others to use your profile or password, provide false or misleading identity or address information, or express or imply that we endorse any statement you make;
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense the Services or any part thereof;
  • Use the Services to build a competitive product or service, build a product or service using ideas, features, functions, or graphics similar to those of the Services, or determine whether the Services are covered by any patents;
  • Infringe or interfere with any rights of us, our users, or any other third party, including intellectual property rights, privacy rights, or rights of publicity;
  • Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use, access, or copying, or enforce other use restrictions on the Services; or
  • Assist or enable anyone to violate these Terms or other applicable laws or rules governing use of the Site. 6. Links
  1. Links

You are granted a limited, nonexclusive right to create text hyperlinks to the Services for informational purposes, provided that such links do not portray us in a false, misleading, derogatory, or otherwise defamatory manner and that the linked site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, invasive of privacy or publicity rights, infringing on intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. In addition, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file in the root directory of the Site, we authorize operators of public search engines to use spiders to copy content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such content, but not caches or archives of such content. We may revoke these permissions at any time.

  1. Termination

The Services and these Terms are effective until terminated by either you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting a termination notice on the Site or in your account. You may terminate these Terms by providing us with written notice of termination using the information in the Contact Us section, including your contact details and any account information or other service credentials. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion, to deny access to our Services to anyone for any reason, without prior notice or liability, including, without limitation, for engaging in prohibited activities, breach of any representation, warranty or covenant in these Terms, or violation of any applicable law or regulation.

The provisions of these Terms concerning intellectual property protection, authorized use, user content, disclaimers, limitations of liability, indemnification and disputes, and any other provisions that by their nature should survive, shall survive termination.

Upon termination, (i) you must destroy all content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your user content at any time; and (iv) we may delete your account at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any real or assumed name, and further agree that you will indemnify us and hold us harmless from any and all liability if you violate this restriction after termination. Your use of the Services after termination will constitute a breach of this Section, which shall survive termination.

Even after termination of these Terms, your account, or your access to the Services, any User Content you post or submit may remain on the Site or App indefinitely.

  1. Premium Features

Some of our Services may allow you to purchase premium features that provide an enhanced experience and/or expanded functionality (“Premium Features”). While we have a variety of applications that offer different types of Premium Features, the provisions of these Terms apply to all of them. We may make improvements and/or changes to, or discontinue offering, 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 such Premium Features, and any promotional offers at any time without notice or liability to you or any other person; (b) do not guarantee that the information provided about Premium Features (including, without limitation, product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (c) reserve the right to modify, cancel, terminate, or not process an order (including an accepted order) if the price or other material information about a Premium Feature is inaccurate or for any other reason in our sole discretion. If we do not process an order for the reasons set out above, we will not charge you or refund the payment method used for the order. Some jurisdictions may not allow the exclusion and disclaimer of certain implied warranties, so some of the provisions of these Terms may not apply to you.

8.1 Purchases and Subscriptions

When you purchase Premium Features through the App, you have the choice of either making a one-time purchase to gain lifetime access to the Premium Features (“Lifetime Access”) or purchasing a monthly or annual subscription to access the Premium Features (“Subscription”). When you purchase a Subscription, we will automatically charge your credit or debit card on file (“Payment Method”) for the term you select (e.g., monthly or annually) until terminated. You may change the frequency of your Subscription or cancel your Subscription at any time through the Google Play Store or other third-party app store (defined below) settings within 24 hours of your next scheduled payment date. By purchasing a Subscription, you authorize us to charge your Payment Method within 24 hours prior to the end of the then-current Subscription term.

To purchase Lifetime Access or a Subscription, you must provide a valid and acceptable Payment Method to the Google Play Store. By submitting such information, you agree and warrant that the Google Play Store has the right to use or provide that information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Google.

8.2 No Refunds

Payments for Lifetime Access and Subscriptions are non-refundable. We do not provide partial refunds or credits for unused terms. After cancelling your subscription, you will continue to have access to premium features until the end of your subscription term.

8.3 Taxes

If we are required by law to charge sales tax on your order, the tax 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 may contact us at any time within two years of the date of purchase to request a refund of the overcharged tax. This refund right is your sole remedy for sales tax errors.

8.4 Free Trials

We may offer a free trial of premium features (a “Free Trial”). We may limit the eligibility, duration, and features of a Free Trial at our sole discretion. You must provide a payment method and select a subscription frequency to access the Free Trial. At the end of the Free Trial, the selected subscription will automatically begin and your payment method will be charged the agreed-upon subscription price.

8.5 For European Economic Area (“EEA”), Switzerland and United Kingdom (“UK”) residents only

Notwithstanding the above, if you are a resident of the European Economic Area (EEA), Switzerland or the UK, you have 14 days (from the date you signed up for a subscription) to cancel your subscription for any reason and receive a refund, but we may charge you or deduct 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 will start from the date you signed up for the free trial. If we accept your refund request, you will receive a refund back to your original payment method. If we are unable to refund that payment method, your refund may not be completed. We may contact you to obtain new payment information or provide a refund in another manner.

To exercise this right, you must inform us of your explicit decision to withdraw from the contract by writing to [400 ORCHARD ROAD #11-08 ORCHARD TOWERS SINGAPORE (238875)] or emailing us at [email protected].

  1. Intellectual Property

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, trademark and other intellectual property rights under U.S. and foreign laws and international conventions and are owned by or used with permission or authorization by LCL and its licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Any use of the Content except as provided in these Terms is strictly prohibited.

Subject to your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable license to (1) access and use the Services and the Content solely for your personal, noncommercial purposes and (2) download and install a copy of the Application on a mobile device or computer that you own or control and to run that copy of the Application solely for your personal, noncommercial purposes. You may not copy the Application except to make one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained on the Services. No Content may be copied, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without our written permission, except that you may download or print one copy of the specific Content that you download or print for your personal, non-commercial home use, provided that you comply with these Terms and retain that copy only for as long as you continue to be permitted to access the Services. To use Content pursuant to such exceptions, you must (1) keep intact all copyright, trademark, or other proprietary notices; (2) use such Content in accordance with any license associated with such Content; (3) not copy or post such Content on any networked computer or broadcast in any media; (4) not make any modifications to any such Content; and (5) not make any additional representations or warranties with respect to such Content. Except as expressly authorized by this Agreement or by us in writing, you agree not to copy, modify, rent, lease, perform, display, transmit, rent, sell, distribute, or create derivative works based on (in whole or in part) the Application or Content, in whole or in part.

  1. Content You Submit

You are solely responsible for all content that you provide through the Services, post to the Services, upload to us, or transmit through the Application or Website, whether or not solicited by us, including, but not limited to, text, comments, posts, images, videos, designs, illustrations, photographs, or other intellectual property (“User Content”). You agree, represent, and warrant that any User Content you post or transmit through our Services is truthful, accurate, not misleading, and made in good faith, and that you have the right to transmit such User Content. You may not upload, post, or otherwise make available on or through the Services any User Content that is protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such rights. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such User Content.

Please do not post or send us any User Content, ideas, suggestions, or other User Content that you wish to keep confidential or proprietary or for which you expect compensation. If you submit any User Content to us, you automatically grant us (or warrant that the owner of such information and material has expressly granted us) the royalty-free, worldwide, perpetual, sublicensable, irrevocable and unrestricted right and license to (a) use, reproduce, display, perform, modify, adapt, publish and distribute or otherwise make available such User Content (including any associated intellectual property rights), in whole or in part, for any purpose; and (b) incorporate such User Content into other works, media, products, services or technologies in any form, whether now known or hereafter developed, for any purpose, including the sale, manufacture or advertising of such products or other works (and to exercise all intellectual property rights in connection with such products or other works). In addition, you irrevocably waive any “moral rights” or other rights you may have under any applicable law or legal theory with respect to attribution or integrity of the User Content.

You agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be treated as non-confidential or proprietary; (iii) we may already be considering or developing similar content; and (iv) unless we expressly agree otherwise in writing, you will not be entitled to any form of compensation or reimbursement from us under any circumstances. Please note that we have no obligation to keep User Content confidential unless expressly stated.

10.1 Interactive Features and Forums

We may offer 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 interact with our Services or certain content within the Services (each, a “Forum”). We do not endorse User Content posted in the Forums, cannot guarantee the accuracy or truthfulness of such User Content, and act only as a passive conduit for such User Content. User Content may include suggested uses of our products that we have not evaluated or approved; we do not recommend such uses. We reserve the right to remove Forum content of any kind at any time and for any reason.

You acknowledge and agree that the Forums are public spaces and that your participation in such Forums creates no expectation of privacy. In addition, you acknowledge that any User Content you communicate in the Forums may be seen and used by others. You understand that our employees, outside contributors, or other users associated with us may participate in the Forums or other aspects of the Service and may use anonymous user names when doing so. Any user who fails to comply with these Terms may be expelled from the Forums and denied future access to the Forums. However, we are not responsible for the User Content that you or others choose to communicate in the Forums, or for your conduct or the conduct of other users. If you choose to make any of your Personal Information or other User Content publicly available on or through the Forums or the Site, you do so at your own risk.

10.2 Our Rights

You acknowledge and agree that we reserve the right (but not the obligation) to do any or all of the following in our sole discretion: (a) evaluate User Content before allowing it to be posted on the Site, App or any Forum; (b) monitor User Content and Forums; (c) alter, remove, refuse or refuse to post or allow to be posted any User Content for any or no reason, without notice to you; however, we have no obligation or liability to you for failing to do so or for doing so in any particular manner; and/or (d) disclose any User Content and the circumstances surrounding its transmission to any third party in order to operate the Service, protect us and our users, comply with legal obligations or governmental requests, enforce these Terms, or for any other reason or purpose we deem appropriate. If you come across User Content on the Service that you believe violates these Terms, please contact us.

  1. Third-Party App Stores

You acknowledge and agree that the availability of the Services may depend on the third-party websites from which you download the Services (each, a “Third-Party App Store”). You acknowledge that these Terms of Service are an agreement between you and us, and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions, which you must agree to before downloading the Services from it. These terms provided by the Third-Party App Store may provide us and the Third-Party App Store with additional rights and impose additional obligations or restrictions on you. Please review these terms and it is your responsibility to review and understand them and to ensure that you have the latest version.

If you download an application from the “Google Play” store, you are subject to the Google Play Terms of Service, which can be found at https://play.google.com/about/play-terms/index.html. If you use other third-party services, please consult the applicable Third-Party App Store to determine what additional terms may apply.

  1. Third-Party Websites

The Services may contain links to websites, social media pages, mobile applications or other services operated by third parties (“Third-Party Websites”). For example, you may be able to share information with Third-Party Websites through links on the Services. If you click on these links, you will leave our website or application. If you decide to access any external links, 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 third-party websites, nor have we reviewed all materials, including goods or services, available through third-party websites. The inclusion of these links on the Service does not represent, warrant or imply that we endorse or otherwise sponsor any third-party website or any materials, opinions, goods or services available therein. Third-party materials accessed or used through third-party websites may also be protected by copyright and other intellectual property laws.

These Terms of Service do not apply to third-party websites. Before accessing third-party websites through links provided on the Service or otherwise, you should review the terms and conditions and privacy policies of the third-party websites and understand the rules, policies and practices of those third-party websites.

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 through such third parties, is at your own risk and subject to the terms and conditions of use applicable to such websites and resources.

  1. Other Policies

These Terms apply only 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 to fully understand how we use and collect information. If we hire you, these Terms are not considered part of an employment contract or offer of employment.

  1. Legal Disputes, Arbitration Agreement, and Class Action Waiver

Please read this section carefully because it requires the parties to resolve disputes through arbitration and limits the manner in which you can seek relief from us. You understand that without this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that in arbitration, the rights to discovery and appeal may be more limited than in court. If you are located in the European Union or the United Kingdom, these provisions do not affect your rights to resolve disputes in your local court or tribunal. 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 an attorney in arbitration or to conduct arbitration without an attorney. This arbitration provision shall survive any termination of these Terms.

14.1 Initial Dispute Resolution

We want to resolve your issues without the need for formal legal proceedings. Most issues can be resolved quickly this way. For any dispute with us, you agree to first contact us at [email protected] or by mail to AURORA DL EDUCATION LLC and try to resolve the dispute with us informally to resolve any concerns you have about your use of the Services. Your Notice of Dispute must be directed to you personally and must include, as applicable, your name, email address, and residential address. The Notice of Dispute must also explain the facts of the Dispute as you understand it and tell us what steps you would like us to take to resolve the issue. You agree to use your best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiation, and you agree that a Notice of Dispute containing all of the required information listed above, followed by at least 60 days of good faith negotiations, shall be a prerequisite to either party initiating a lawsuit or arbitration. A Notice of Dispute shall not be effective unless it contains all of the information required by this paragraph. If you initiate arbitration without providing a valid and compliant Notice of Dispute, you and we both agree that the applicable arbitration provider (or arbitrator, if appointed) must suspend the arbitration until compliance with this paragraph. You and we authorize the arbitration provider or arbitrator to decide immediately whether the party initiating the arbitration has complied with these notice requirements solely based on this Agreement and the Notice of Dispute provided (if any). All statutes of limitations shall be suspended while the parties engage in the informal dispute resolution process required by this paragraph.

14.2 Agreement to Binding Arbitration

In the unlikely event that we are unable to reach an agreed solution within sixty (60) days of the date that you sought informal dispute resolution pursuant to Section 15(a) above, either you or we may commence binding arbitration. Except for class arbitrations (defined below) as provided in Section 15(e), all disputes, claims or controversies arising out of or relating to these Terms, other agreements found on the Services, or the breach, termination, enforcement, interpretation or validity of those agreements, including the determination of the scope or applicability of this arbitration agreement, shall be exclusively and exclusively brought by binding arbitration conducted in [Hong Kong] by a single arbitrator or in small claims court in [Hong Kong]. If the arbitrator determines that the location is unduly burdensome for you, the arbitration may be conducted in a new location or by telephone, video conference, or similar means. You have the right to attend an in-person hearing near the place where you reside. Judgment on the award may be entered in any court having jurisdiction thereof. This provision does not prevent a party from seeking interim relief in aid of arbitration from a court of competent 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 in effect on the effective date of these Terms, including Sections 16.1 and 16.2 of those Rules.

14.3 No Class Actions

You and we agree that each may bring claims against the other only in its 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 yours, and may not preside over any form of a representative or class proceeding. If this specific provision is held unenforceable, then this arbitration provision shall be void in its entirety. 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.

14.4 Seeking Arbitration

If you elect to seek arbitration or initiate a small claims action, you must first send us a written Notice of Claim (“Notice”) by certified mail. Notices to us must be sent to: [ [email protected] ]. If we initiate arbitration, we will send written notice to the email address you previously provided to us (if available). We may also contact you by any other means, including sending messages in your account. The Notice (whether sent by you or 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 we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms are available for download at www.jamsadr.com. If you are required to pay a filing fee, we will promptly refund the filing fee you paid after we receive notice that you have commenced arbitration, unless your claim is for more than $10,000 or the arbitrator determines that the claim is frivolous, in which case you will be responsible for paying the filing fee.

Hearing: If your claim is for $10,000 or less, we agree that you may elect to have the arbitration conducted solely on the basis of documents submitted to the arbitrator, by telephone or video hearing, or by an in-person hearing as provided by the JAMS Rules. If your claim is for more than $10,000, the right to a hearing will be determined by the JAMS rules. If the arbitration is conducted solely on the basis of submitted documents, the arbitrator will make and deliver an award within six (6) months after the arbitrator is selected, unless the arbitrator extends that time. Except as expressly provided herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules.

Award: If the arbitration awards you damages in an amount that is at least $100 greater than our last recorded settlement offer, we will pay the greater of the damages awarded or $2,500.

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 circumstances where injunctive relief is appropriate. If a court of competent jurisdiction or arbitrator finds any part of these Terms to be unenforceable, then that part shall be of no force and effect, and the remainder of these Terms shall remain in effect. No express or implied waiver by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default and will not be deemed a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain confidentiality of the arbitration proceedings and award, including hearings, except as necessary to prepare for or conduct the substantive arbitration hearing or to apply for preliminary relief in court, to challenge the award, or to enforce the award, or as otherwise required by law or judicial decision.

14.5 Exception – Large-Scale Arbitrations Before NAM.

Notwithstanding the parties’ decision to have the arbitration administered by a Hong Kong arbitrator, if 25 or more arbitration claims are filed and those claims involve the same or similar subject matter and common legal or factual issues and are filed by the same or coordinated counsel for the parties, you and we agree that those claims will constitute a “class arbitration.” If a class arbitration is commenced, you and we agree that the class arbitration will not be governed by the JAMS Rules and will not be administered by a Hong Kong arbitrator. Instead, the class arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect at the time the class arbitration is filed (as modified by this Agreement), including the NAM Supplemental Dispute Resolution Rules for class filings, but excluding any rules that permit arbitration to be conducted on a class basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary in the foregoing, you and we both agree that if either party fails or refuses to commence a mass arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this Agreement and compelling the conduct of a mass arbitration before NAM. Pending the resolution of any such request by a court, you and we both agree that all arbitrations that constitute a mass arbitration (and any obligation to pay arbitration fees) shall be suspended. You and we both acknowledge that any failure by either party to comply with this paragraph will cause irreparable harm to the other, and you and we both agree that a court may enter an order suspending the arbitration (and any obligation to pay arbitration fees) until the court resolves any disagreement with this paragraph.

14.6 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, without giving effect to conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provisions of the preceding paragraph regarding applicable substantive law, any arbitration under the terms of these Terms shall be governed by the Federal Arbitration Act (9 USC, §§ 1-16). In any arbitration arising out of or related to these Terms, the arbitrator shall not have the authority to award punitive or exemplary damages, except as permitted by law, and the parties waive their 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 lost profits damages. The parties agree to adopt and enforce the JAMS Optional Arbitration Appeals Procedure (as it exists on the effective date of this Agreement) for any final arbitration award arising out of or related to these Terms.

14.7 Additional Terms for Canadian Users

Confirming that the intent expressed is consistent, all documents connected, the English language unique, and including documents and correspondence.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces, as applicable), we will send a legible written notice at least 30 days before the amendment becomes effective, setting out only the new terms, or the amended terms and the original terms, the date the amendment becomes effective and the customer’s right to reject the amendment and to cancel, or, if the contract involves sequential performance, the customer may cancel the contract without fee, penalty or cancellation damages by sending us notice no later than 30 days after the amendment becomes effective, provided that the amendment results in an increase in the customer’s obligations or a decrease in our obligations.

Dispute Resolution: The arbitration requirement of this clause will not apply to you if any such provision is unenforceable under the laws of the Canadian province in which you reside.

Right to Cancel: Residents of certain provinces may have the right to cancel certain purchases under local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under applicable consumer protection laws, you are entitled to the following consumer rights notice: If you have any questions or complaints about this website, please send an email to [ [email protected] ]

  1. Disclaimer; Limitation of Liability

15.1 Disclaimer

To the extent permitted by applicable law, our Services are provided “as is” and “as available” without warranties or conditions of any kind. By operating the Services, we make no representation or implied endorsement of any user content or contributions available on or linked to the Services, including, without limitation, content or contributions hosted on third-party websites. We cannot guarantee and do not promise any specific results from the 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 is at your sole risk. To the maximum 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 of the Services.

To the extent permitted by applicable law, we make no warranties or representations regarding the accuracy, reliability, timeliness, or completeness of the Service Content, the content of any websites linked to the Service, contributions, information, or any other items or materials on or linked to the Service. We assume no responsibility or liability for any (A) errors, mistakes or inaccuracies in any content and materials, (B) personal injury or property damage of any nature resulting from your access to and use of the Service, (C) unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (D) interruption or termination of transmission to or from the Service, (E) any bugs, viruses, Trojan horses or the like transmitted to or through the Service 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 Service.

15.2 Limited Liability.

To the extent permitted by applicable law, in no event will we be liable to you or any third party for damages of any kind, including any indirect, consequential, incidental, special, punitive or lost profits, arising out of or in connection with these Terms or the use of or inability to use the Service, Contributions, Materials or any other content therein, including, but not limited to, liability for damages caused by or related to errors, omissions, interruptions, defects, delays in operation or transmission, or any computer viruses or failures.

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 IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU FOR ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER BASED IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED FROM YOU OR THE MINIMUM LIMITATION OF LIABILITY PERMITTED BY APPLICABLE LAW.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold us, the Released Parties, and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, actions, proceedings, liabilities, judgments, losses, costs (including, without limitation, reasonable attorneys’ fees), or other expenses arising directly or indirectly from: (i) your breach of any provision of these Terms; (ii) your activities in connection with the Services; or (iii) 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 such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. Notice to New Jersey Users

Notwithstanding anything set forth in these Terms of Service, if any provision set forth in these Terms of Service is held to be unenforceable, invalid, or inapplicable under New Jersey law, then any such provision will not apply to you, but the remainder of these Terms of Service will remain binding upon you and the Company. In addition, with respect to New Jersey residents, the limitation of liability will not apply if the law provides for attorneys’ fees, litigation costs, or other damages. Notwithstanding anything set forth in these Terms of Service, nothing in these Terms of Service is intended to, shall be deemed or construed to limit any of your rights under the Consumer Truth in Contracts, Warranties, and Notice Act.

  1. Notice to California Users

Pursuant to 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 contact 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.

  1. Digital Millennium Copyright Act Policy

We comply with the notice and takedown provisions of the Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be included in notices of alleged copyright infringement and the procedures we follow for removal of allegedly infringing material. If we receive proper notifications of claimed copyright infringement, our response to those notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access pursuant to such notices, we will make a good faith attempt to contact the provider of the allegedly infringing content so that they may file a counter-notification under the DMCA. Our policy is to accommodate, rather than interfere with, the standard technological measures used by copyright owners to identify or protect their copyrighted works, measures that we deem reasonable under the circumstances. In addition, we may terminate the accounts and access of any repeat infringers in appropriate circumstances. If you are a copyright owner or a legal agent for a copyright owner and you believe that any User Content on the Services infringes your copyrights, you may submit a takedown notice to us by sending an email to [email protected] with the subject line “DMCA Notice” and including the following:

  • Identify the copyrighted work that you claim has been infringed;
  • Identify the material or links on our Services that you claim infringe your copyrighted work;
  • Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
  • Include the following statement in the body of your notice, followed by your electronic or physical signature: “I hereby declare that the information in this notification is accurate and, under penalty of perjury, that I am the owner of the copyright or exclusive right under the copyright that has allegedly been infringed, or am authorized to act on the owner’s behalf.”

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. If, under appropriate circumstances, the alleged user is determined to be a repeat infringer of our or others’ copyrights or other intellectual property rights, we will terminate the user’s access to and use of our Services.

  1. General

20.1 No Waiver.

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of the applicable right or provision.

20.2 Severability.

These Terms of Service will be enforceable to the fullest extent permitted 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 will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.

20.3 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 our prior written consent will be void. 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.

20.4 No Modifications Made by Our Employees.

If any of our employees proposes a modification of the terms of these Terms of Service, he or she is not our agent or speaking on our behalf. You may not, and should not, rely on any statements or communications from our employees or anyone claiming to act on our behalf.

20.5 Mobile Services

Some of the Services may be made available through your mobile phone via applications that you download and install on your mobile phone. Please note that your carrier’s normal text messaging, data and other rates and fees will still apply. You should check with your carrier to see what plans are available and how much they cost. In addition, your carrier may prohibit or restrict the downloading, installation or use of certain mobile services, and not all mobile services are available on all carriers or devices in all jurisdictions. Therefore, you should check with your carrier to see if the application and services are available for your mobile device and what restrictions, if any, may apply to your use of them.

20.6 Entire Agreement; No Waiver

These Terms of Service and any other legal notices posted on the Application or Services constitute the entire agreement between you and us with respect to the Services and supersede all prior terms, agreements, discussions and writings with respect to the Services. If any provision of these Terms of Service is found to be unenforceable, that provision will not affect the validity of the remaining provisions of these Terms of Service, which will 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 that term or any other term. Our failure to assert any right or provision under the Terms of Service does not constitute a waiver of such right or provision.

20.7 Consent to Communication

When you use the Services or send us communications through the Services, you are communicating with us electronically. You consent to receive any communications relating to your use of the Services electronically. We may communicate with you by email or by posting notices on the Site or App. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All notices we send to you for receipt are 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 telephone number, you agree that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

  1. Contact Information

If you have any questions about these Terms of Service or your account, please contact us at [email protected]