DATE LAST MODIFIED: November 21, 2014. These are the Terms of Service for the myVEGAS Store.
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE, ACCESS, OR PURCHASE PRODUCTS THROUGH THE WEBSITE.
1. Acceptance of Terms and Conditions of Use
2. Changes to the Terms and Conditions of Use
We reserve the right to change these Terms at any time in Our sole discretion and without prior notice to You. In the event the Terms are materially modified, notice of the changes and their effective date will be prominently posted on this page. Your continued use of the Website following such changes requires Your affirmative consent to the changes. If You do not agree to the changes, Your sole remedy is to cease accessing and using the Website. If You breach any of the Terms, Your authorization to access and use the Website automatically terminates.
PLEASE VISIT THIS PAGE REGULARLY FOR UPDATES TO THE TERMS. YOU ARE REMINDED TO PRINT ALL TRANSACTION DATA, ORDER CONFIRMATIONS AND THESE TERMS IN ORDER TO AVOID MISUNDERSTANDINGS AT A LATER TIME.
3. e-Commerce Services
3.1. Product Disclaimer
The Website may feature an online store with products available for purchase by eligible individuals. Purchasing products over the Internet provides a different shopping experience from buying in-store. Certain sizes, measurements, weights, and similar descriptions are approximate and are provided for convenience purposes only. While PlayStudios makes all reasonable efforts to accurately display the attributes of Our products, such as the applicable colors, the actual color You see will depend on Your computer system, and We cannot guarantee that Your computer will accurately display such colors. Product depictions such as pictures and images on the Website are therefore for illustration purposes only.
PlayStudios attempts to ensure that information on this Website, including descriptions of Our products, their availability and listed prices, is complete, accurate and current. Despite Our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to whether any information on this Website is complete, accurate or current. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.
All features, content, specifications, prices, availability and depiction of products described on this Website are subject to change at any time without notice (including after You have submitted Your order). The inclusion of any products on this Website at a particular time does not imply or warrant that these products will be available at any time.
3.2. Placing Your Order
To be eligible to purchase products through the Website, You must be: (i) legally capable of signing binding agreements and (ii) at least eighteen (18) years of age or the age of majority in Your jurisdiction of residence, whichever is greater, at the time You submit Your order. After the selecting the products You wish to purchase, You will be prompted to complete an optional registration form or proceed to checkout as a guest. Registration is not required but is encouraged to expedite the checkout process for future orders. After submitting Your order, You will be directed to a webpage confirming Your order submission and will receive an order confirmation via e-mail at the e-mail address provided at the time of registration or at the time Your order was submitted.
By placing an order, You and acknowledge and agree that: (i) Your order constitutes an offer to purchase products from PlayStudios and (ii) You are obligated to pay the full price for any products You purchase, including all applicable shipping and handling fees as well as sales and use taxes. You further acknowledge and agree that Your receipt of an order confirmation does not constitute PlayStudios’ acceptance of Your offer to purchase products through the Website and that PlayStudios may require You to provide additional verification information before accepting Your order.
3.3. Accepting Your Order
All orders are subject to PlayStudios’ acceptance, which occurs when PlayStudios sends You an order confirmation e-mail approving the sale of the Product(s) You offered to purchase. We reserve the right not to accept any order, to limit the order quantity on any product, and to refuse service to any customer in Our sole discretion and without prior notification. In the event We reject or are unable to completely fulfill Your order, We will notify You as soon as reasonably possible.
3.4. Order Cancellation
You may cancel Your order up until the time PlayStudios accepts Your offer, which occurs when PlayStudios sends You an order confirmation e-mail approving the sale of the product(s) You offered to purchase. PlayStudios reserves the right to cancel Your order at any time regardless of whether Your order has been confirmed and/or Your debit or credit card charged at its Sole discretion, including but not limited to, situations where: (i) the products are not available or are temporarily backordered; (ii) the information You provide in connection with Your order is inaccurate or cannot be verified; (iii) Your order is flagged as suspicious, fraudulent, and/or illegal by Our security systems or Payment Processor; (iv) We have reason to believe that Your order is intended for commercial use; (v) the product price is inaccurately reflected on the Website; (vi) We are unable to deliver Your order to the address You provide; or (vii) We have reason to believe that You are not legally capable of signing binding agreements or are not at least eighteen (18) years of age or the age of majority in Your jurisdiction of residence, whichever is greater, at the time You submit Your order.
PlayStudios further reserves the right to limit the order quantity on any product and to refuse service to any customer without prior notification. In the event that PlayStudios cancels Your order after Your credit or debit card has been charged, PlayStudios will credit Your respective account for the product purchase price, inclusive of all applicable shipping and handling fees as well as sales and use taxes, as soon as reasonably possible. In the event that Your order is cancelled after the products have been dispatched for shipment or delivered to You, You agree to promptly return the product(s) purchased to PlayStudios at Our expense. Upon return of the products and subject to PlayStudios inspection, PlayStudios will credit Your respective account for the product purchase price, inclusive of all applicable sales and use taxes.
3.6. Shipping and Delivery
PlayStudios restricts product delivery to valid addresses within the United States, expressly excluding Post-Office Boxes, that are serviced by commercial carriers. Your order will be shipped to the address provided at the time of registration or at the time Your order was submitted as long as the address complies with the foregoing requirements. Upon delivery of the product(s) to You, You become liable for any subsequent damage, loss, or destruction. In the event You refuse delivery of the product(s), You agree to assume responsibility for payment of all return shipping and taxes, which will be deducted from any applicable refund. Shipping fees are not refundable for undeliverable or refused product shipments.
3.7. Returns, Replacements and Refunds
PlayStudios offers a thirty (30) day return policy that allows You to (i) request a replacement for any defective or non-conforming product or (ii) cancel Your contract and request a refund for up to thirty (30) days after You receive Your order confirmation e-mail. To initiate PlayStudios’ return or replacement process, please contact SUPPORT and provide Your order confirmation number. If approved, PlayStudios will issue a return or replacement authorization that must be included with the product(s) You are returning or requesting be replaced along with any documentation, accessories, and manuals accompanying the product(s). All return shipping charges must be pre-paid and We will not accept C.O.D. deliveries. For Your protection, We recommend using a traceable shipping service and saving the shipping receipt and shipping tracking information for Your records.
Upon receipt of Your returned merchandise, PlayStudios will inspect the product(s) and verify Your return or replacement authorization before processing Your refund or replacement request. Returns must be unused, unworn, and in original condition with the original tags and labels intact. Following Our inspection, We will credit Your account or ship a replacement product(s), subject to availability, within seven (7) business days. Refunds will be made in the same manner as Your original form of payment, less adjustments for shipping and handling. Depending on the payment method You used, it may take Your financial institution two (2) to ten (10) business days to process the refund and post the amount to Your account.
3.8. Personal Use
Products offered for sale on the Website are for personal use only, not for commercial use or re-sale.
4. Boards, Forums, & Other Interactive Services or Areas
From time to time PlayStudios may make available on this Website boards, chat rooms, comment areas, forums or similar communication facilities. In such instances, We welcome Your comments on Our Website. However, any notes, messages, postings, ideas, suggestions, or other material that You submit to PlayStudios (“User-Posted Content”) must not: (i) harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties; (ii) include any profanity, obscene, indecent, pornographic, defamatory, unlawful, or otherwise objectionable material as determined by Us; or (iii) include any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that PlayStudios may have at law or in equity, if We reasonably determine that You have violated or are likely to violate the foregoing prohibitions, We may take any action We reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. PlayStudios will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.
5. Intellectual Property Rights
5.1. Copyright Information and Peronsonal & Non-Commercial Use Limitation
Content within the Website is owned and/or licensed by PlayStudios and is protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the Website unless You are authorized to do so in writing by PlayStudios.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of content. PlayStudios reserves all rights in the content that are not expressly granted to You in these Terms.
Making unauthorized copies of content found in the Website may result in the termination of Your account, prohibition from further use of the Website, and further legal action. Content owners may take criminal or civil action against You for unauthorized use of intellectual property. You agree to indemnify and hold harmless PlayStudios from any unauthorized or illegal conduct by You, or through the use of Your account, on the Website.
5.2. Notice and Procedure for Making CLaims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available within the Website in a way that may constitute copyright infringement, You may provide notice of Your claim to PlayStudios’ Designated Agent listed below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located within the Website;
(4) Information reasonably sufficient to permit PlayStudios to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(5) 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; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please also be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
PlayStudios’ Designated Copyright Agent to Receive DMCA Notices is:
Playstudios Legal Department – ATTN: Store Terms & Conditions
10801 W. Charleston Blvd., Suite 200
Las Vegas, NV 89135
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Website. All other inquires to the Designated Agent will not be answered.
If You believe that material You posted on the Website was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with PlayStudios (a “Counter-Notice”) by submitting written notification to Our Designated Agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the indivual who posted the material;
(2) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
(3) Adequate information by which PlayStudios can contact You (including Your name, postal address, telephone number and, if available, e-mail address);
(4) A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(5) A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which the Website may be found) and that You will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows Us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten (10) business days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is Our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
PlayStudios and its affiliates, suppliers, and licensors own or are in the process of registering trademarks for their many goods, services, and associated graphics, logos, and service marks. All trademarks, product names, company names, and logos appearing within the Website are the property of and may not be used without prior written consent from their respective owner.
6. Disclaimer of Warranties
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND PLAYSTUDIOS HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. PLAYSTUDIOS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PLAYSTUDIOS MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES PROVIDED THEREON WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLAYSTUDIOS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
PLAYSTUDIOS ENDEAVORS TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE WEBSITE, NOR ARE WE RESPONSIBLE FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POST MADE THEREON BY ANYONE OTHER THAN AUTHORIZED PLAYSTUDIOS SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.
WITHOUT LIMITATION OF THE FOREGOING WARRANTY DISCLAIMERS, PLAYSTUDIOS AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED THROUGH THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYSTUDIOS AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS AND WARRANTIES MADE IN PRODUCT OR SERVICE DESCRIPTIONS, FREQUENTLY ASKED QUESTIONS, DOCUMENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS; ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED THROUGH THE WEBSITE ARE PROVIDED BY US “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND PLAYSTUDIOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLAYSTUDIOS, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, PRODUCTS, CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS, LOST SALES, OR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
You agree to indemnify, save, and hold PlayStudios harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Website, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. PlayStudios reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify PlayStudios, and You agree to cooperate with PlayStudios’ defense of these claims. PlayStudios will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of Your account or of the Website.
9. Termination of Website and Accounts
PlayStudios may terminate the entire Website or a portion of the Website and the services offered thereon at any time. PlayStudios may also terminate Your account (and access to all related entitlements) for violation of these Terms, illegal or improper use of Your account, or illegal or improper use of the Website or products offered thereon. PlayStudios also reserves the right to terminate any accounts that have been inactive for ninety (90) days. You acknowledge that PlayStudios is not required to provide You notice before terminating Your account(s) or prohibiting further use of the Website. If PlayStudios terminates Your account for illegal or improper use, You may not use the Website or purchase products offered on the Website without PlayStudios’ express permission. You may cancel Your account at any time by following the instructions within the Website or by sending written notification to firstname.lastname@example.org with the subject line “ACCOUNT CANCELLATION.”
In the event that Your account is terminated or cancelled, You will have no further access to Your account or anything associated with it. You can lose Your username and persona as a result of account termination or cancellation. If You cancel Your account, PlayStudios reserves the right to collect fees, surcharges, or costs incurred before You cancelled Your account. If Your account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction placed by You.
PlayStudios reserves the right to refuse to keep an account for, and provide the Website to, any individual. You may not allow any individual whose account has been terminated by PlayStudios to use Your account.
10. Third Party Advertising:
11. Maintenance and Updates to the Website
From time to time, PlayStudios may conduct maintenance work on the Website and systems to ensure their security and integrity. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. If possible, You will be notified of maintenance periods in advance, however, You hereby agree that PlayStudios may update the Website with or without notifying You.
12. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise You that (i) the Website is provided by PlayStudios, Inc., 10801 West Charleston Blvd., Suite 200, Las Vegas, NV 89135 and that (i) a fee may be charged for certain services and products offered; PlayStudios reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to You. If You have a complaint regarding the Website or desire further information on use of the Website, please contact email@example.com.
13. Dispute Resolution
PLEASE READ THIS PROVISION CAREFULLY. THIS SECTION MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1. Preliminary Dispute Resolution
By entering into this agreement, You agree to work with PlayStudios in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to these Terms or Your use of the Website before escalating the Dispute to binding arbitration or litigation, as addressed below. You must give PlayStudios an opportunity to resolve the Dispute by sending written notification to firstname.lastname@example.org with the subject line “DISPUTE” or by sending written notice to PlayStudios Legal Department, 10801 W. Charleston Blvd. Suite 200, Las Vegas, NV 89135. The written notification of Dispute must include: (i) Your name; (ii) Your address; (iii) a written description of Your Dispute; and (iv) a description of the specific relief You seek. If PlayStudios does not resolve the Dispute within forty-five (45) days after receipt of Your written notification, You may pursue Your dispute in binding arbitration. You may pursue Your dispute in a court only under the limited circumstances described below.
13.2. Binding Arbitration
By entering into this agreement, You agree that all Disputes between You and PlayStudios that cannot be resolved through PlayStudios’ preliminary dispute resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in Las Vegas, Nevada before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures. The laws of the State of Nevada shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and PlayStudios and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
13.3. Class Action Waiver
By entering into this agreement, You further agree that any and all arbitration or litigation involving PlayStudios shall be conducted individually and not as a class action or other representative action, and You expressly waive Your right to file a class action or seek relief on a class basis. YOU AND PLAYSTUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING UNLESS BOTH YOU AND PLAYSTUDIOS SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. If You choose to pursue Your dispute in court by opting out of the binding arbitration provision, as specified below, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against PlayStudios without having complied with the opt-out requirements below.
13.4. Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through binding arbitration, You or PlayStudios may bring an action in a state or federal court located in Las Vegas, Nevada to protect or enforce intellectual property rights. Intellectual property rights includes patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Las Vegas, Nevada for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of Nevada shall be applied in any litigation proceedings, without regard to principles of conflict of laws.
13.5. Right to Opt-Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of these provisions by sending written notice to PlayStudios Legal Department, 10801 W. Charleston Blvd. Suite 200, Las Vegas, NV 89135. Your written notification must include: (i) Your name; (ii) Your address; and (iii) a clear statement that You do not wish to resolve disputes with PlayStudios through binding arbitration. Your decision to opt-out of these provisions will have no adverse effect on Your relationship with PlayStudios. If You opt-out of these provisions, PlayStudios also will not be bound by them. Any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute through binding arbitration or small claims court.
14. General Terms
PlayStudios may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms without PlayStudios’ prior written consent, and any unauthorized assignment and delegation by You is void and ineffective.
14.2. Waiver and Severability
No waiver by PlayStudios of any term of condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PlayStudios to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms will be effective only if in writing signed by PlayStudios.
If any part of these Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the parties’ original intentions, and the remaining portions shall remain in full force and effect.
14.3. Force Majeure
PlayStudios shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside Our reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
14.4. Entire Agreement
Notices or other communications permitted or required under these Terms will be provided to You by PlayStudios in writing: (i) by posting such notices on the Website or (ii) by e-mail or any other written method of communication to the contact information You provide to Us. All notices given by You or required from You under these Terms shall be in writing and addressed to: PlayStudios Legal Department, 10801 W. Charleston Blvd. Suite 200, Las Vegas, NV 89135. Any notices that You provide without compliance with this Section shall have no legal effect.
14.6. Section Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.