17-BIT, Inc., a Washington corporation (“we”, “our”, and their derivatives) provides the websites, http://www.17-BIT.com, https://www.GALAK-Z.com and http://www.skullsoftheshogun.com and the subdomains of each of the foregoing (collectively, the “Website”) and the GALAK-Z video games (the “Game” and, with the Website, the “Services”).
HOW WE COLLECT YOUR INFORMATION
When you use the Services, we may collect information from you in the following ways:
Direct communications with us. If you send us or one of our representatives an email or otherwise correspond with us directly, we will have access to any information that you provide to us in such correspondence. Our Terms of Service (the “Terms of Service”) also govern our use of and ownership of information that you provide to us in direct communications.
Game crash. If the Game crashes during play, we may ask you to provide us with information that may be personal information through an opt-in process. This information may include (1) running/loaded DLLs on your personal computer; (2) your username when using your personal computer; and (3) data gathered from a “small memory dump.”
Revealing personal information through the Game. Similarly, users must not create a username that reflects their own real name or reveals personal information. If you include personal information in your display name, you are doing so at your own risk. We cannot control how other users will use personal information that you reveal in your display name. If you reveal personal information through your display name, you are doing so at your own risk
WHERE INFORMATION IS PROCESSED
We’re based in the United States of America. All information that you provide to us is stored on secured servers located in the United States of America using firewalls. No matter where you are, you consent to the processing and transferring of your information, including personal information, in and to the United States of America and other countries. Laws that apply to the collection, maintenance and use of information in the United States of America (or any other country) may not be as comprehensive or strict as the laws of the country where you’re located.
OUR BASES FOR HANDLING YOUR PERSONAL DATA
Some jurisdictions may require us to describe our legal bases for using or disclosing personal data that we may possess. Where such laws apply, our legal bases for processing personal data are as follows:
– Fulfillment of any purpose for which you have provided your consent
– Compliance with applicable law;
– Exercise of our legitimate interests in:
– Endeavoring to provide a safe and fun experience for everyone that plays the Game;
– Responding to customer service inquiries and providing customer service;
– Making the Game better and improving our business overall;
– Reviewing job applications; and
– Addressing legal issues.
– Fulfillment of our contractual obligations to users of the Game; and
– Working to protect you and other users.
HOW WE USE YOUR INFORMATION
Where you’ve provided information to us for a specific purpose (e.g., to help us troubleshoot an issue you’re having with the Service), we’ll use your information in furtherance of that purpose. We do not use automated decision-making in connection with the processing of your information, except to the extent necessary for age-gating functions.
We, including our affiliates and subsidiaries, may also use your personal information:
– To offer, operate, maintain, and improve the Services;
– To present the Services to you;
– To operate all features within the Services;
– To investigate violations of our Terms of Service and attempt to prevent additional violations;
– To provide you with notices about your registration;
– To notify you about changes to the Services or any of our related products or services;
– For purposes of age verification; and
– For any other purpose with your consent.
Also, where you have given us permission to do so, we may use your information to send you news and updates about our products or services, including special offers and promotions. When we send you news or updates, we’ll also tell you how to opt out of receiving such notices.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We do not share or otherwise disclose your personal information with or to third parties except:
– With your consent;
– As may be necessary to protect your safety or the safety of other users;
– To our lawyers, consultants, accountants, business advisors and similar third parties who owe us duties of confidentiality;
– To enable us to take precautions against liability;
– To protect the safety and security of the Services;
– Where required to do so by law or legal process; or
– Where it is in aggregated and/or non-personally identifiable form.
Please contact us with questions about our service providers’ privacy policies and collection and use practices. Our contact information is set forth below:
Terms of Service
17-BIT, Inc., a Washington corporation (“17-BIT,” “we,” or “us”), is proud to offer GALAK-Z® (“GALAK-Z” or the “Game”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Game and related direct and indirect services including, but not limited to, informal product support and certain interactions with our websites,http://www.17-BIT.com, https://www.GALAK-Z.com and http://www.skullsoftheshogun.com and the subdomains of each of the foregoing (collectively, the “Website” and, with the Game, the “Services”).
Agreement to Terms
Grant of License
Subject to these Terms, 17-BIT grants you a nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or 17-BIT’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game or if you violate these Terms. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Game. All rights not specifically granted under these Terms are reserved by 17-BIT.
Changes to Terms, Game, and Services
17-BIT may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms wherever the Game may be downloaded or through other communications. Please make sure you review the modified Terms because if you continue to use the Game and/or Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Game or Services anymore. Because the Game and Services are evolving over time, we may change or discontinue all or any part of the Game and/or Services, at any time and without notice, at our sole discretion.
Personal and Non-Commercial Use Limitation
Except as otherwise specified below, 17-BIT is providing the Game and/or Services to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Game and/or Services.
LIMITED LICENSE TO BROADCAST GAME PLAY
17-BIT believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast such Broadcasting User’s unique play within the Game (“Broadcasted Content”), but only through third-party media that is, at the time of broadcast, currently approved by 17-BIT (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that he, she, or they opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including that user is revoked.
The above limited license to broadcast the Game is subject to the additional conditions:
– A Broadcasting User may only broadcast his or her own gameplay;
– Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines;
17-BIT may revoke a user’s license to broadcast for any or no reason and without notice.
Any user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of his, her, or their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, 17-BIT may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). 17-BIT does not assume any responsibility for ensuring compliance with the foregoing.
The following is an exclusive list of currently Approved Broadcasters. Modifications to this list may be made here, or elsewhere on the store page for the Game. Users may only broadcast content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, nor do we make any representations as to the quality or functionality of the Approved Broadcasters’ services.
– Twitch Interactive, Inc.
– YouTube, LLC
– Facebook Inc.
– Twitter Inc.
– reddit Inc.
We reserve the right to add or remove Approved Broadcasters as we see fit. If you would like to request that a broadcaster be added to the list above, feel free to contact us at support@17-BIT.com.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION“ SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND 17-BIT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Who May Use the Game and/or Services
Eligibility. The Game and Services are available to users of all ages.
If you want to use the Game you will have to have a Steam Account, a Playstation Network account, or an Oculus account, as applicable (“Accounts” and each an “Account”). We do not administer Accounts, rather, they are administered by Valve Corporation, Sony Interactive Entertainment, or Oculus VR, LLC, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. Furthermore, by playing GALAK-Z through Playstation VR, the information associated with your Playstation Network Account (including your Playstation Network Online ID) will automatically be transmitted to our server without any action on your part. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by 17-BIT or third parties due to someone else’s use of your Account. Later versions of the Game may require that you establish a different account with us, and additional terms and restrictions will then apply.
Health and Safety Precautions
The below should be reviewed before use of the Game. If the Game will be used by children, this information should be read and explained to them by an adult. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. 17-BIT is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
Adults should monitor children who are using or have used the Game for any of the symptoms described below, and should limit the time children spend using the Game and ensure that they take breaks during use. Prolonged use should be avoided, as it could negatively impact hand-eye coordination, balance, and multi-tasking ability. Adults should monitor children closely during and after use of the Game for any decrease in these abilities.
EPILEPTIC SEIZURE WARNING
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Parents and guardians should watch their children while playing the Game. Stop playing the Game and consult a doctor if you or your child has any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation.
17-BIT is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
Playing video games (especially virtual reality games), including the Game, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hung-over, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
REPETITIVE MOTION INJURIES AND EYESTRAIN
Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
– Avoid excessive play;
– Adults should monitor children;
– Take a 10 to 15 minute break every 30 minutes while playing the Game;
– If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
– If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
Play Area Precautions
Give yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be moving around the play area and using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. A minimum six-feet-by-six-feet unobstructed play area is recommended for safe enjoyment of the Game. Never handle sharp or dangerous objects while playing the Game.
Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hang-over, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you make available through the Services, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums or directly to 17-BIT. User Content includes any feedback or suggestions you provide to 17-BIT. Content includes without limitation User Content.
CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL
17-BIT and its licensors exclusively own all right, title and interest in and to the Game, Services, and Content, including all associated intellectual property rights, with the exception of User Content, to which 17-BIT does not claim any ownership rights, but rather possesses license rights as described below. Nothing in these Terms will otherwise be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
General Prohibitions and 17-BIT’s Enforcement Rights
You agree not to do any of the following:
– Do anything in connection with your use of the Services, including posting, uploading, publishing, submitting or transmitting any Content that: (i) is illegal; (ii) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances; (ix) is cheating (i.e., unauthorized methods that influence GALAK-Z’s gameplay, including exploits of any in-game bugs, that give you and/or any other user an advantage over other players not using such methods); (x) is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; (xi) violates the Code of Conduct; or (xii) violates “Netiquette.” Additionally, to ensure that GALAK-Z is a safe and welcoming space for all users, you agree to report to us using the contact information provided below: (1) any other users that you believe are violating any of the foregoing prohibitions, and (2) any Content that you believe was submitted by or about a child under the age of 13.
– Use, display, mirror or frame the Services or any individual element within the Services, 17-BIT’s name, any 17-BIT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without 17-BIT’s express written consent;
– Access, tamper with, or use non-public areas of the Services, 17-BIT’s computer systems, or the technical delivery systems of 17-BIT’s providers;
– Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 17-BIT or any of 17-BIT’s providers or any other third party (including another user) to protect the Services or Content;
– Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 17-BIT or other generally available third-party web browsers;
– Use any meta tags or other hidden text or metadata utilizing a 17-BIT trademark, logo URL or product name without 17-BIT’s express written consent;
– Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
– Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
– Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
– Impersonate or misrepresent your affiliation with any person or entity;
– Violate any applicable law or regulation; or
– Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Game, Services, or Content or to review or edit any Content, we have the right to do so for the purpose of operating and updating the Game and/or Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable or suspend your or any user’s access to any Content or the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content or activity when using the Services to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Game and/or Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
17-BIT respects copyright law and expects its users to do the same. It is 17-BIT’s policy to terminate in appropriate circumstances Account holders or other users of the Game and/or Services who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
17-BIT will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct.
If you believe that your copyrighted work is being infringed by material that appears in our Game, websites, or other online services, please provide 17-BIT’s designated agent (address appears below) the following information that the DMCA requires:
– A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
– A description of where the allegedly infringing material is located in the Game, 17-BIT’s Game website(s), or other related electronic platform.
– Information reasonably sufficient to permit 17-BIT to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
– Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
17-BIT’s agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:
Please also note that for purposes of Section 512(f) of the U.S. Copyright Act, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.
We may terminate your access to and use of the Game or Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Game, Services, and/or your Account, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.
THE GAME, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
You will indemnify and hold harmless 17-BIT and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, Services, or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
NEITHER 17-BIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 17-BIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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.
IN NO EVENT WILL 17-BIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO 17-BIT FOR USE OF THE GAME, SERVICES, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO 17-BIT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 17-BIT AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict-of-laws provisions.
AGREEMENT TO ARBITRATE
You and 17-BIT agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide 17-BIT with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide 17-BIT with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide 17-BIT with an Arbitration Opt-out Notice, will be the state and federal courts located in the Western District of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide 17-BIT with an Arbitration Opt-out Notice, you acknowledge and agree that you and 17-BIT are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and 17-BIT otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by JAMS alternative dispute resolution (“JAMS”) in accordance with the applicable JAMS clauses, rules, and procedures (the “JAMS Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The JAMS Rules are available at http://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless you and 17-BIT otherwise agree, the arbitration will be conducted at JAMS’s Seattle, Washington offices located at 600 University Street, Suite 1910 Seattle, WA 98101. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and 17-BIT submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.
Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules.
Notwithstanding the provisions of the “Changes to Terms and Services” section above, if 17-BIT changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of 17-BIT’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and 17-BIT in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between 17-BIT and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 17-BIT and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without 17-BIT’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. 17-BIT 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.
Any notices or other communications provided by 17-BIT under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
17-BIT’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of 17-BIT. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, the Game and/or the Services, please contact 17-BIT at support@17-BIT.com.