PLAYBUCKS LLC
TERMS AND CONDITIONS
Last updated: December 16, 2023
Please read these terms and conditions carefully before using Our Services.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application or App means the software program provided by the Company downloaded by You on any electronic device.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Services or parts of our Services.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to PlayBucks LLC, 3031 Tisch Way Unit 110 Plaza West San Jose, CA 95128.
Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Services.
Services refers to the Application or the Website or both, the services provided through the Application and/Website, and Our other products and services.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Services.
Third-party Social Media Services means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Services.
Website refers to PlayBucks, accessible from playbucks.co
You means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services.
Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services.
By accessing or using the Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.
Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services.
Rewards Programs
Overview. the Company may offer reward programs under which You have the opportunity to earn points that are redeemable for rewards (“Rewards Programs”). Not all of the Apps offer Rewards Programs, however, and Rewards Programs may include additional terms that apply to your participation in activities allowing you to earn points (singularly “Activity” and collectively “Activities”). The Company may limit Your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, including (without limitation) if you do not comply with these Terms of Use. You agree to abide by the final and binding decisions of the Company regarding a Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without notice, and for a duration to be determined in our sole and absolute discretion, including (without limitation) indefinite suspension or cancellation.
Earning Points. Points (which may include "PlayBucks" or "BlastBucks" as a virtual currency) can be earned in a Rewards Program by participating in certain Activities, as described within the relevant area of the applicable App. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request receipts of completed purchases prior to or after the awarding of points in order to verify with the applicable merchant that such purchases are valid. the Company will only reward points on purchases which we can verify and are paid a commission.
Some of the limitations on Activities and rewards include, without limitation, Our right to change or limit: (1) Your ability to participate in certain Activities or the Rewards Program itself; (2) the allowable frequency of Activities; (3) the number of points You can earn for a given Activity; (4) the number of points You can earn during a given time period; or (5) the Activities or rewards available, or the number of points required for a particular reward.
Redeeming Points. Points (which may include “PlayBucks” or “BlastBucks” as a virtual currency) earned are only redeemable within the Rewards Program in which they were earned, and only in the manner(s) made available to you in the App (e.g., by redeeming points for a gift card). Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. The only way to use points is to redeem them for Rewards Program rewards through the Rewards Tab in the related App. The Company is not responsible for the legality of the reward in the location which You choose to have the reward shipped. Some rewards may have eligibility requirements and the Company reserves the right to verify Your eligibility qualifications prior to fulfilling any reward.
Inactive Accounts. Accounts that have not been logged into for sixty (60) days or more are deemed inactive and points/rewards earned in these accounts are null and void. Points/rewards are non transferable and are void if a transfer is attempted. Points and/or rewards may not be bartered or sold. Points and/or the accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Tax Matters. You are completely and solely responsible for any and all tax liability arising from or associated with Your use of the Services, including liability arising from your accrual of points, rewards, winning of sweepstakes, or Your redemption of points for gift cards or other items. As a condition of Your continued use of the Services, we may require you to provide necessary tax information if Our records show that You are required to report Your earnings to the appropriate regulatory entity.
Facial Images. When redeeming a reward, We may verify your face via a facial image using a third party face verification technology. We use this information exclusively for the purpose of fraud prevention and to ensure that rewards and points are not earned through bots, automated processes or fraudulent use of software. We will use Your facial image exclusively for fraud prevention. Upon redeeming a reward, You will be prompted to provide a facial image using your mobile device’s camera. This facial image provides us with a face map (a mathematical representation of Your face generated through our third party provider). This facial image is encrypted on Your mobile device before being sent to Our servers for processing, and is linked to Your user account to ensure the uniqueness of your user registration within the mobile application. If You do not want to redeem rewards, you can continue to use all other features of the App without providing a video selfie. For more information, please refer to our Privacy Policy available at: playbucks.co/privacypolicy.
Rules of User Conduct
You may only set up one account in the App. It is prohibited to create multiple
accounts or transfer or sell an account to third parties. You are not allowed
to use a virtual private network (“VPN”), proxy or any other means to obscure
the true source of traffic when using the Services. You are not allowed to use
any other electronic means such as an internet bot or web robot (“Bot”) to
generate automated views, clicks or conversions or employing any misleading
practices such as repeated manual clicks to artificially inflate user activity
and/or revenues when using the Services. Any activity that uses a VPN, proxy or
Bot will be considered as fraudulent activity and will be blocked by our fraud
prevention system. The use of a VPN, proxy or Bot can cause Your device to be
permanently blacklisted and your account to be either suspended or terminated.
The Company reserves the right to indefinitely ban (a) any user found to be
using an autoclicker program or any similar software that allows a user to
falsify data relating to their phone's input, or that allows them to appear to
be using their phone when in reality they have left it idle; (b) any user found
to be accessing the application through an emulator of any kind, regardless of
the platform on which the emulator is being used; (c) any account associated
with software that can be used to modify games, or software that can unlock
in-game content for free that would otherwise need to be purchased; and (d) any
account associated with disposable email addresses that automatically forward
messages to an alternate address, or that can automatically visit and open
verification links that are sent to them.
The Company reserves the right to nullify all rewards/points earned on any
account that has been banned, and to disable the redemption of rewards on all
banned accounts, regardless of the reason for which the account was banned.
The Company reserves the right to indefinitely ban any user found to be using a
rooted device or any device for which the user has been granted root access or
privileged control. Rooted devices are not supported devices and may at any
time be blocked from us.
The Company reserves the right to permanently ban any user account created by an individual under the age of 18.
The Company reserves the right to ban any account that appears to be using, downloading or accessing the App fraudulently. This includes but is not limited to users with privileged control over their devices, users with suspicious third-party firmware on their device, users manipulating their IP address, users unable to complete the face verification or phone verification processes for fraud verification purposes, users using software that makes them appear active when they are idle, users accessing the app from an emulator of any kind, or any user attempting to fraudulently earn rewards through any means other than playing games.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Services.
You are responsible for safeguarding the password that You use to access the Services and for any activities or actions under Your password, whether Your password is with Our Services or a Third-Party Social Media Services.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Transferring or selling a user account to
third parties for their own purposes is not permitted. By using the Services, you
represent and warrant that (a) all information you submit to the Company is
truthful and accurate; (b) you will maintain the accuracy of all such
information; (c) you will uphold and respect these Terms at all times; and (d)
your use of the Services does not violate any applicable law or regulation. Your
account may be deleted without notice at the Company’s sole discretion if We
believe that you violate any of these Terms.
Some of the Services that we provide require that You enable the "Display
of Other Apps" option. Enabling this option will allow Us to better
understand the types of games You prefer to play so that we can suggest to You
other similar games. You will receive a notification if You need to enable this
option.
Some of Our Services allow for a “Guest” or “Continue as Guest” option allowing
restricted access to the Services. We reserve the right to modify restrictions
applied to certain features when accessing the Services through a Guest option.
You will not have full, unrestricted access to all features of the Services
without completing a sign up for a user account.
Contests
The Company may from time to time launch certain Contests (each one a “Contest”) available to certain users of the Services. Contests are only available only in jurisdictions where applicable laws permit them, so You may or may not be able to participate in any Contest depending on your jurisdiction. Each available Contest will be subject to such Contest’s own terms and conditions (“Contest Terms”) which will apply in addition to these Terms. For each applicable Contest, please read the Contest Terms fully and carefully before participating. The Company reserves the right to cancel, suspend, withdraw, or amend such Contest or the Contest Terms of a Contest in any way, without prior notice. It is the Contest entrant (the “Entrant”) responsibility to check the Contest Terms periodically for changes. An entrant’s continued use of or participation in a Contest following the posting of any changes to the Contest Terms constitutes acceptance of those changes.
Representations and Warranties
You represent and warrant that currently and throughout the period of your use of the Services (i) You are fully authorized to enter into this Agreement and that You are fully authorized to use the Services; and (ii) You are and will remain in compliance with all applicable laws and regulations with respect to You activities related to this Agreement, including but not limited to privacy laws. You agree to comply with all of the Company ’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of features, up to and including termination of Your account.
Intellectual Property
The Services and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You agree that You shall not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (ii) distribute viruses or other harmful or malicious computer code via or into the Services; (iv) engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) remove any product identification, copyright or other notices from the Services; (vi) sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the Services to or for the benefit of third parties; (viii) modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) use the Services for any use other than user’s internal business use; (xi) use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation. The Company retains all title in and to the Services, and all copies, derivatives, and improvements thereof and all related documentation and materials.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Services will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Services.
Reporting Copyright Infringement – DMCA Policy
If You believe that any content, user-posted materials, or any other material found on or through the Services, including through a hyperlink, infringes Your copyright, You should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:
1) Written notices must be sent either:
electronically sent to support@playbucks.co with subject line “DMCA Takedown Request”.
via courier (with a confirmed receipt requested) to: 3031 Tisch Way
110 Plaza West, PMB#129 San Jose, CA 95128; Attention: Copyright Agent
2) Each written notification must contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
a description of the copyrighted work that You claim has been infringed;
a description of where the material that You claim is infringing is located on the Services that is reasonably sufficient to enable Us to identify and locate the material (for example, a list of URLs);
your physical mailing address, telephone number and email address;
a statement by You affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by You that the information provided in your notice is accurate and, under penalty of perjury, that You are the owner of an exclusive right in the material or that You are authorized to act on behalf of the copyright owner.
We will process each written notice of alleged infringement that We receive and will take appropriate action in accordance with applicable intellectual property laws. We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND UNLESS RESTRICTED OR PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) OR ANY OF THEIR DIRECTORS, MANAGERS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SOFTWARE, THE SERVICES OR OTHER MATERIALS OR CONTENT ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE COMPANY WILL NOT BE LIABLE FOR THE TERMINATION OF THE REWARDS PROGRAMS ON ANY ACCOUNT WHATSOEVER INCLUDING (WITHOUT LIMITATION) ANY AWARDS, POINTS, PRIZES OR CREDITS IN A MEMBER’S FAVOR AT THE TIME OF TERMINATION. SOMETIMES WHEN YOU USE OUR SERVICES, YOU MAY USE A SERVICE OR DOWNLOAD A PIECE OF SOFTWARE, OR PURCHASE GOODS, PROVIDED BY ANOTHER PERSON OR COMPANY. YOUR USE OF THESE OTHER SERVICES, SOFTWARE OR GOODS MAY BE SUBJECT TO SEPARATE TERMS BETWEEN YOU AND THE COMPANY OR PERSON CONCERNED. IF SO, THESE TERMS DO NOT AFFECT YOUR LEGAL RELATIONSHIP WITH THESE OTHER COMPANIES OR INDIVIDUALS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE LOSS OF ANY POINTS, PRIZES, AWARDS OR CREDITS, REGARDLESS OF MONETARY VALUE, IN THE EVENT THERE IS ANY CHANGE IN THE VALUE OF EACH POINT OR REWARD (AS DETERMINED IN COMPANY’S SOLE DISCRETION), DATA OR SERVER ERROR, COMPUTER AND/OR NETWORK SYSTEM ERROR OR FAILURE, CRIMINAL ACT, VANDALISM, CYBER ATTACK, OR ANY OTHER EVENTS, INCLUDING, BUT NOT LIMITED, TO THOSE WHICH MAKE IT COMMERCIALLY UNREASONABLE FOR US TO DETERMINE THE VALUE OF ANY ACCOUNT OR ACCOUNTS.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICES OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
"AS IS" and "AS AVAILABLE" Disclaimer
THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its affiliates and their respective directors, officers, employees, agents, and mandataries from and against all claims, liabilities, losses, judgments costs and expenses, including without limitation, attorneys' fees (collectively the “Losses”), to the extent that such Losses arise from or are related to (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of any applicable law or regulation; (v) any claim that one of Your user submissions caused damage to a third party; (vi) any tax consequences related to your use of the Services; (vii) any content you post or share on or through the Services; and/or (viii) your negligent acts or omissions or willful misconduct.
Privacy Policy
The Company collects and uses personal information in accordance with Our Privacy Policy available at: playbucks.co/privacypolicy.
Arbitration Agreement
Please read this Arbitration Agreement carefully. It is part of Your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use, including any applicable Additional Terms and the Privacy Policy, or the use of any product or service provided by The Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to You and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to The Company shall be sent to: 110 Plaza West, PMB#129 San Jose, CA 95128. After the Notice is received, You and the Company shall attempt to resolve the claim or dispute informally. If You and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The prevailing party in any arbitration shall be entitled to attorney’s fees.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and The Company.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Governing Law; Equitable Relief
The laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to rules that would apply the laws of another jurisdiction, shall govern this Terms and Your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under the above Arbitration Agreement. In any circumstances where the Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within City and County of San Francisco, California, for such purpose.
Consumer Laws
Despite any other provision of these Terms of Use, if any legislation affects Your rights under these Terms of Use (a “Consumer Law”), then to the extent that any term or provision contained in these Terms of Use becomes void or unenforceable for any reason; or would be unfair under the applicable consumer law if applied or relied upon in a particular way, that term or provision will be severed such that all remaining terms and provisions of these Terms of Use will continue to be in full force and effect and be unaffected by the severance of any other term or provision. No provision of these Terms of Use limits, excludes or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any Consumer Law which cannot lawfully be excluded, limited or modified.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Services.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
· By email: support@playbucks.co
· By mail: 110 Plaza West, PMB#129 San Jose, CA 95128