The Site is intended solely for users who are eighteen (18) years of age and older. By using this Site, you represent and warrant that you are eighteen (18) years of age or older.
Upon your first use of the Site, follow the instructions to create an account (“Account”). You will have the opportunity to create and/or change your display name and select between two randomly selected avatars to represent you in connection with the Site (your “Avatar”). You will also have the opportunity to connect your account to your Facebook account.
You agree that if you select a display name for your Account, we reserve the right to remove or reclaim it, in our sole discretion, if we believe appropriate (such as if a trademark owner complains about a username or if you have uploaded inappropriate or obscene content).
Company reserves the right to terminate the membership of any member whose Account becomes dormant. An Account will be considered dormant if the Account holder fails to log onto his or her Account for six (6) months or with such regularity deemed sufficient by Company and announced from time to time on the Site. You may stop using the Site at any time and terminate your Account.
3. License to the Site
5. Trademarks, Copyrights & Restrictions
The Site is licensed and not sold, transferred or assigned to you. The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, software code, patents and/or any other form of intellectual property (collectively, the “Material”) that relate to the Site are owned by or licensed by WPT Enterprises, Inc. or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by WPT Enterprises, Inc., you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, decompile, disassemble, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in this Agreement or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of WPT Enterprises, Inc. or such third party that may own the Material or intellectual property displayed on the Site.
You understand and agree that certain Material may include security technology that limits your use of such Material and that any other use of such Material may constitute copyright or other intellectual property infringement. Any security technology is an inseparable part of the Material. You agree not to violate, circumvent, reverse engineer, decompile, disassemble, remove, alter, deactivate, degrade or otherwise tamper with any of the security technology related to, or delivered with, such Material for any reason, or to attempt or assist another person to do so.
We do not warrant that the Site will be compatible with any third party software nor do we warrant that operation of the Site will not damage or disrupt other software or hardware. At various times, we may choose to make available updates, bug fixes, or other changes or enhancements to the Site (collectively, “Service Updates”). Service Updates may be: (a) automatic, such as in connection with general website changes and additional features or updates to data required by the Site; (b) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and (c) mandatory, in which case you will be required to consent to the Services Update and install it if you wish to maintain continued access to the Site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others that you become aware of. You are advised that WPT Enterprises, Inc. will aggressively enforce its rights to the fullest extent of the law.
6. Virtual Gifts and Virtual Currency
From time to time during Your use of the Site, You may have the opportunity to “earn”, “buy” or “purchase” virtual items featured on the Site for use in the Site (“Virtual Items”). Examples of Virtual Items include charms, additional Avatars, table gifts or emojis, but the Virtual Items available may change at any time in Company’s sole discretion. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is under no circumstances refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Site.
“Gold” and “Silver” are currently the virtual currencies for the Site. Gold and Silver cannot be redeemed for cash or transferred to another player. Gold and Silver are non-refundable and you are not entitled to a refund for unused Gold or Silver. To purchase Gold or Silver, follow the instructions contained on the Site. When you purchase Gold or Silver, you agree to pay taxes assessed on your purchase, if any. You may pay for Gold or Silver either by credit card or by using the services of an approved payment provider as set forth on the Site. When you pay for Gold or Silver via credit card or approved payment provider, you will be bound by that third party provider’s terms and conditions. You are responsible for all charges incurred (including applicable taxes) and all purchases made by you or anyone that uses your Account. YOUR USE OF ANY CREDIT CARD OR APPROVED PAYMENT PROVIDER IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS AND POLICIES APPLICABLE TO SUCH CREDIT CARD OR APPROVED PAYMENT PROVIDER.
Virtual Items, Gold and Silver have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased, transferred, assigned or used to engage in any gambling activity. Any Virtual Items, Gold or Silver obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void and such Virtual Items, Gold or Silver may be confiscated or cancelled. Virtual Items, Gold and Silver must be redeemed in accordance with these Terms. Virtual Items, Gold and Silver will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Company reserves the right, in its sole discretion, to determine and modify, at any time, the value of Virtual Items, Gold or Silver and the amount and type of Virtual Item. Gold or Silver that may be earned for any given activity.
You acknowledge and agree: (a) that Company may change the price of Virtual Items, Gold or Silver at any time, without notice, for any reason or for no reason, (b) that the amount of Gold or Silver necessary to obtain certain Virtual Items may fluctuate, and (c) that Company has no liability to you for any changes in the price of such Virtual Items, Gold or Silver and/or the amount of Gold or Silver necessary to obtain Virtual Items. In addition, the Site may award more than one type or “class” of Virtual Items. The number and type of Virtual Item(s) that can be earned by participating in any opportunity to earn Virtual Items will be disclosed when the opportunity is presented. Company, in its sole discretion and without notice to you, reserves the right to change, modify, withdraw or cancel any Virtual Item.
Company reserves the right, without prior notification, to limit the quantity of the Virtual Items, Gold or Silver you can earn and/or to refuse to allow you to obtain such Virtual Items, Gold or Silver. You acknowledge and agree that Company shall have no liability for loss of Virtual Items, Gold or Silver due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. Company may replace such lost Virtual Items, Gold or Silver at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.
7. Additional Earning Opportunities/Leaderboard
From time to time, the Site may feature opportunities to accumulate Gold or Silver by completing specific actions on the Site. The terms and conditions applicable to each opportunity will be disclosed at the time the opportunity is presented.
8. Linked Sites
The Site may contain links to third party websites, Apps or resources, which may or may not be obvious (“Third Party Sites“) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software and other content originating from third parties (collectively, “Third Party Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Software or Content. Such Third Party Sites and Third Party Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Without limiting the generality of the previous Paragraph, you may encounter third-party software applications (including, without limitation, mobile applications, widgets, plug-ins or other software utilities) (“Application(s)”) that interact with the Site. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose to use an Application, you do so at your own risk. Such Application may interact with, connect to, import, gather and/or pull information from and to your Account on the Site. Company offers these Applications solely as a convenience to you, and Company is not responsible for and does not endorse the content or functionality of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY COMPANY. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Company Account, you are consenting to the information about your Account (including without limitation your content viewing history or recommendations) being shared through social media Accounts or other communication platforms for others to see; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Company has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Company harmless for the sharing of information that results from your use of an Application. COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
10. Copyright Notice
If you are under the good faith belief that any content appearing on the Site has been copied in a way that constitutes copyright infringement under U.S. Copyright law, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse. You may forward the following information to Company’s Copyright Agent: (i) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address; (ii) identification and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s Copyright Agent is as follows: WPT Enterprises, Inc., 17877 Von Karman Avenue, Suite 300, Irvine, CA 92614, Attn.: Legal Affairs/DMCA Notices; email: email@example.com. By this filing, Company does not necessarily stipulate that it is a service provider as defined in 17 USC section 512(c) or elsewhere in the law, but merely seeks to preserve any and all exemptions from liability that may be available under the copyright law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice pursuant to the statutory requirements imposed by the DMCA. If Company receives a proper notification (or if Company believes in its sole discretion) that any materials submitted or posted by you allegedly violate another person’s or entity’s rights, Company reserves the right to withdraw and remove the affected material from the Site, at any time in our absolute discretion.
11. User Disputes
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users. If you have a dispute with another user, you release the “Company Entities” (as defined below) from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute.
12. Publicity Release
Your use of the Site constitutes your permission for the Company to use your name, username, photograph, avatar, likeness, voice, biographical information, winning data, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
13. Forums and Public Communications
Company does not endorse the User Content in the Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any User Content provided through a Forum.
Company does not and cannot review every message posted by users in the Forums, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Forums. Information disclosed in the Forums is revealed to the public by design. Company reserves the right, but not the obligation, to delete, move or edit User Content, in whole or in part for any reason in Company’s sole discretion. In addition, Company may delete, move, edit or disclose User Content when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company, or Company’s third party content providers, distributors, licensees or licensors (“Company Affiliates”) or to protect the safety of our users or the public. In no event does Company assume any obligation to monitor the Forums or remove any specific material.
You understand that the uploading to and/or posting of any User Content in any Forum shall not be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any User Content. In consideration for your use of the Forums and functionality, you agree to comply with the “Community Guidelines” set forth below. Without limiting Company’s other rights and remedies, individuals who violate the following Community Guidelines may, at Company’s sole discretion, be banned from using the Forums and/or the Site entirely.
14. Your Content.
You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to use the Content and that such use does not violate or infringe on any rights of any third party. Under no circumstances will CaptivePlay be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although CaptivePlay is not responsible for any Content sent or transmitted, CaptivePlay may deny any Services, at any time without notice to You, if CaptivePlay becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
15. Registration and Acceptance of Community Guidelines
You are entirely responsible and liable for all activities conducted by you and any authorized user of your Account in the Forums, including the transmission, posting, or other provision of User Content. Listed below are some, though not all, violations that may result in Company terminating or suspending your access to a Forum. You agree not to do any of the following actions while using any Forum:
Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
By posting or uploading content to the Service, any Forum or submitting any other User Content to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Site or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute, or otherwise make available on the Site complies with each of the foregoing Community Guidelines.
16. Non-United States Residents
Company operates the Site in the United States. Company makes no representation that the Materials, including media offered for download or rental through the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Jurisdictional Issues
The Site is controlled and operated by Company from its offices within the State of California, United States. Company makes no representation that materials in the Site are appropriate or available for use in other locations. Use of this Site is further subject to United States export controls. This Site may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You understand and agree that Company may, in its sole discretion and at any time, terminate your Account and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Company may take any one or more of these actions without prior notice to you. Should Company take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account. You understand and agree that Company shall not have any liability to you or any other person for any termination of your access to the Site and/or the removal of information concerning your Account. Company will determine your compliance with this Agreement in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Company. Upon termination of your membership or access to the Site, or upon demand by Company, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that Company will aggressively enforce its rights to the fullest extent of the law.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Company is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software on account of technical problems or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using the Site.
THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE AND THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, MATERIALS OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
20. Limitation of Liability
YOU AGREE THAT COMPANY, COMPANY AFFILIATES AND EACH OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “COMPANY PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD $1,000. BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“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.”
In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
You agree and acknowledge, as condition of using the Site, that Facebook® does not sponsor, endorse, administer, or is in any way associated with, the Site. All questions regarding the Site must be directed to Company, not Facebook®. You also agree that as a condition of participating in the Site you shall release Facebook® from any and all liability arising out of your use of the Site.
By using the Service in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Company and/or its parent, subsidiaries, affiliates, Company Affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Irvine, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
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