17873 Game Technology Co., Ltd
TERMS OF SERVICE
Effective Date: April 13st, 2024
The terms of this agreement ("Terms of Service") govern the
relationship between you and 17873 Game Technology Co.,
Ltd(hereinafter " 17873 " or "Us" or "We") regarding your use of 17873's games, store, sites and related services (the
"Service"). Use of the Service is also governed by 17873's Privacy Policy
and other relevant policies, which are incorporated herein by
reference.
Before accessing or using the Service, including browsing any 17873 website or accessing a game, you must agree to these
Terms of Service and the Privacy Policy. A guest account may be created for you for the use of the Service,
and you may also be required to register an account on the Service
(collectively "Account"). These Accounts include, for example, game
Accounts and 17873 ID. By using or registering for an Account or otherwise
using the Service, you affirm that you are the legal age of majority
in your country of residence. If you are not, your legal guardian must
review and agree to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO
THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE
SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree
that disputes with
17873 must be resolved on an individual basis through final
and binding arbitration as described in Section 8 (锟斤拷Dispute
Resolution锟斤拷).
17873 reserves the right, at its discretion, to change,
modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant 17873 policies at any time by posting the amended terms on the
Service. You will be deemed to have accepted such changes by
continuing to use the Service. If at any point you do not agree to any
portion of the then-current version of our Terms of Service, the 17873 Privacy Policy, or any other 17873 policy, rules or codes of conduct relating to your use
of the Service, your right to use the Service shall immediately
terminate, and you must immediately stop using the Service.
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms
of Service and any other relevant 17873 policies, you have a non-exclusive, non-transferable,
non-sublicensable, revocable and limited right to access and use the
Service for your own non-commercial entertainment purposes. You agree
not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
• You accept full responsibility for any unauthorized use of the
Service by minors. You are responsible for any use of your credit card
or other payment instrument (such as PayPal) by minors.
• You shall not (or attempt to) purchase, sell, rent or give away your
Account, create an Account using a false identity or information, or
on behalf of someone other than yourself; You shall not use the
Service if you have previously been removed by 17873, or previously been banned from playing any 17873 game.
• You shall not use the Service to advertise, or solicit, or transmit
any commercial advertisements, including chain letters, junk, or spam
e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account, or you may
also use other credentials to access the Account ("Login
Information"). You shall not share the Account or the Login
Information, nor let anyone else access your Account or do anything
else that might jeopardize the security of your Account. In the event
you become aware of or reasonably suspect any breach of security,
including without limitation any loss, theft, or unauthorized
disclosure of the Login Information, you must immediately notify 17873 and modify your Login Information. You are solely
responsible for maintaining the confidentiality of the Login
Information, and you will be responsible for all uses of the Login
Information, including purchases, whether or not authorized by you.
You are responsible for anything that happens through your
Account.
17873 reserves the right to remove or reclaim any usernames at
any time and for any reason, including but not limited to claims by a
third party that a username violates the third party's rights.
Unless you are using 17873 ID, the Service supports only one Account per game on a
supported device.
17873 ID is a service that allows you to safeguard your game
account and easily play the 17873 games with your account on all of your mobile devices.
In order for us to safeguard your account security and privacy, You
will not be able to disconnect 17873 ID from your game account, once You sign up for 17873 ID. If you have any questions about 17873 ID, You can contact us through the support features
within each 17873 game.
Any use of the Service in violation of these Use Limitations is
strictly prohibited, can result in the immediate revocation of your
limited right and may subject you to liability for violations of
law.
You agree that you will not, under any circumstances:
• Engage in any act that 17873 deems to be in conflict with the spirit or intent of the
Service or make improper use of 17873's support services.
• Use or take part (directly or indirectly) in the use of cheats,
exploits, automation software, emulators, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with
the Service, any 17873 game or any 17873 game experience.
• Modify or cause to be modified any files that are a part of the
Service or any 17873 game without 17873's express written consent.
• Disrupt, interfere with or otherwise adversely affect the normal flow
of the Service or otherwise act in a manner that may negatively affect
other users' experience when using the Service or playing 17873's games. This includes win trading and any other kind of
manipulation of rankings, taking advantage of errors in the Service to
gain an unfair edge over other players and any other act that
intentionally abuses or goes against the design of the Service.
• Disrupt, overburden, or aid or assist in the disruption or
overburdening of any computer or server used to offer or support the
Service or any 17873 game environment.
• Institute, assist, or become involved in any type of attack,
including without limitation distribution of a virus, denial of
service attacks upon the Service, or other attempts to disrupt the
Service or any other person's use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts
registered or used by others or to the computers, servers, or networks
connected to the Service by any means other than the user interface
provided by 17873, including but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or
assisting any other person to circumvent or modify, any security,
technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene,
defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive or engage in ongoing toxic behavior, such
as by repeatedly posting information on an unsolicited basis.
• Post any information that contains nudity, excessive violence, or
offensive subject matter or that contains a link to such
content.
• Attempt to, or harass, abuse, or harm, or advocate or incite
harassment, abuse, or harm of another person, group, including 17873 employees, including 17873's customer service representatives.
• Make available through the Service any material or information that
infringes any copyright, trademark, patent, trade secret, right of
privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation a 17873 employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise
attempt to derive the source code for any underlying software or other
intellectual property used to provide the Service or any 17873 game, or to obtain any information from the Service or
any 17873 game using any method not expressly permitted by 17873.
• Solicit, or attempt to solicit, Login Information or any other login
credentials or personal information from other users of the Service or
any 17873 game.
• Collect or post anyone's private information, including personally
identifiable information (whether in text, image or video form),
identification documents, or financial information through the
Service.
• Use any 17873 game for gambling, betting or any similar activity in
which prizes or rewards can be won (directly or indirectly), including
betting on the outcome of matches in which you participate as a
player, irrespective of whether or not there is a fee or stake
involved.
• Use the Service in any way that would violate any export controls,
anti-money laundering rules, economic sanctions or similar laws or
regulations including but not limited to those imposed by the United
States of America and/or the European Union.
17873 reserves the right to determine what conduct it
considers to be in violation of the rules of use or otherwise outside
the intent or spirit of these Terms of Service or the Service itself. 17873 reserves the right to take action as a result, which may
include terminating your Account and prohibiting you from using the
Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, 17873 MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT
NOTICE TO YOU (i) IF YOU ARE, OR 17873 SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE
TERMS OF SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR
IMPROPER USE OF THE SERVICE. YOU CAN LOSE YOUR USERNAME AND PERSONA IN
THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL
AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED
VIRTUAL ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND 17873 IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH
LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR
TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT
ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS,
DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO
PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE
CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING
INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR
POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND
AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY
BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY
RIGHTS.
17873 RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS
BEEN INACTIVE FOR 180 DAYS.
17873 reserves the right to stop offering and/or supporting
the Service or a particular game or part of the Service at any time,
at which point your right to use the Service or a part thereof will be
automatically terminated. In such event, 17873 shall not be required to provide refunds, benefits or
other compensation to users in connection with such discontinued
Service. Termination of your Account can include disabling your access
to the Service or any part thereof including any content you submitted
or others submitted.
You may terminate your Account at any time and for any reason by
contacting us via email at [email protected] and informing 17873 that you wish to terminate your Account.
All rights, title and interest in and to the Service (including
without limitation any games, titles, computer code, themes, objects,
characters, character names, stories, dialogue, catch phrases,
concepts, artwork, animations, sounds, musical compositions,
audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile
information, recordings of games played using a 17873 game client, and the 17873 game clients and server software) are owned by 17873. 17873 reserves all rights, including without limitation, all
intellectual property rights or other proprietary rights, in
connection with its games and the Service.
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND
AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN
THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN
AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE
BENEFIT OF 17873.
17873 owns, has licensed, or otherwise has rights to use all
of the content that appears in the Service or in 17873 games. Notwithstanding any provision to the contrary
herein, you agree that you have no right or title in or to any content
that appears in the Service, including without limitation the virtual
items, content, features, goods, services or currency appearing or
originating in any 17873 game, whether earned in a game or purchased from 17873, or any other attributes associated with an Account or
stored on the Service.
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the
material, data, and information that you upload or transmit through a 17873 game client or the Service, or that other users upload
or transmit, including without limitation any chat text. By
transmitting or submitting any User Content while using the Service,
you affirm, represent and warrant that such transmission or submission
is (a) accurate and not confidential or misleading; (b) not in
violation of any laws, contractual restrictions or other third party
rights, and that you have permission from any third party whose
personal information or intellectual property is comprised in the User
Content; (c) free of viruses, adware, spyware, worms or other
malicious code; and (d) you acknowledge and agree that any of your
personal information within such content will at all times be
processed by 17873 in accordance with its Privacy Policy.
17873 assumes no responsibility for the conduct of any user
submitting any User Content and assumes no responsibility for
monitoring the Service for inappropriate content or conduct. We do
not, and cannot, pre-screen or monitor all User Content. Your use of
the Service is at your own risk. By using the Service, you may be
exposed to User Content that is offensive, indecent, or otherwise not
in line with your expectations. You bear all risks associated with the
use of any User Content available in connection with the Service. At
our discretion, our representatives or technology may monitor and/or
record your interaction with the Service or communications (including
without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your
irrevocable consent to such monitoring and recording. You acknowledge
and agree that you have no expectation of privacy concerning the
transmission of any User Content, including without limitation chat
text or voice communications.
17873 reserves the right in its sole discretion to review,
monitor, prohibit, edit, delete, disable access to or otherwise make
unavailable any User Content (including without limitation your User
Content) without notice for any reason or for no reason at any time.
If at any time 17873 chooses, in its sole discretion, to monitor the Service, 17873 nonetheless assumes no responsibility for User Content
and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole
discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
The Service may include various forums, blogs and chat features where
you can post User Content, including your observations and comments on
designated topics. 17873 cannot guarantee that other members will not use the
ideas and information that you share. Therefore, if you have an idea
or information that you would like to keep confidential and/or don't
want others to use, do not post it on the Service. 17873 shall have no responsibility to evaluate, use or
compensate you for any ideas or information you may choose to
submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on,
through or in connection with the Service and that you provide to
others. 17873 may reject, refuse to post or delete any User Content
for any or no reason, including, but not limited to, User Content that
in the sole judgment of 17873 violates these Terms of Service.
You hereby grant to 17873 an irrevocable, perpetual, transferable, fully paid-up,
royalty-free, worldwide license (including the right to sublicense and
assign to third party) and right to copy, reproduce, fix, adapt,
modify, create derivative works from, manufacture, commercialize,
publish, distribute, sell, license, sublicense, transfer, lease,
transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and
use and practice, in any way, your User Content as well as all
modified and derivative works thereof in connection with our provision
of the Service, including marketing and promotions of the Service. You
also hereby grant to 17873 the right to authorize others to exercise any of the
rights granted to 17873 under these Terms of Service. You further hereby grant
to 17873 the unconditional, irrevocable right to use and exploit
your name, likeness and any other information or material included in
any User Content and in connection with any User Content, without any
obligation to you. Except as prohibited by law, you waive any rights
of attribution and/or any moral rights you may have in your User
Content, regardless of whether your User Content is altered or changed
in any manner. 17873 does not claim any ownership rights in your User Content
and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. 17873 has no obligation to monitor or enforce your
intellectual property rights in or to your User Content.
You are solely responsible for your interactions with other users of
the Service and any other parties with whom you interact through the
Service and/or 17873 games. 17873 reserves the right, but has no obligation, to become
involved in any way with these disputes. You will fully cooperate with 17873 to investigate any suspected unlawful, fraudulent, or
improper activity, including, without limitation, granting 17873 access to any password-protected portions of your
Account.
If you have a dispute with one or more users, you release us (and our
officers, directors, agents, subsidiaries, joint ventures and
employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, arising out of or in any
way connected with such disputes.
In the Service you may purchase, with "real world" money, a limited,
personal, non-transferable, non-sublicensable, revocable right to use
(a) virtual currency, including but not limited to virtual cash or
diamonds, all for use in 17873 games; (b) virtual in-game items, content or features;
and (c) other goods or services (points a 锟紺 c are jointly referred to
as "Virtual Items"). You are only allowed to purchase Virtual Items
from us or our authorized partners through the Service, and not in any
other way.
You expressly agree that we will start the performance of the
purchase agreement of Virtual Items or any other digital content
before the expiration of any statutory withdrawal period defined in
applicable laws. You give explicit prior consent that the content you
have purchased will be delivered to you before the withdrawal period
ends and you thereby loose the statutory right of withdrawal.
17873 may manage, regulate, control, modify or eliminate
Virtual Items at any time, with or without notice. To the fullest
extent under applicable law, 17873 shall have no liability to you or any third party in the
event that 17873 exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly
authorized in the Service. Other than as expressly authorized in the
Service, you shall not sell, purchase, redeem or otherwise transfer
Virtual Items to any person or entity or attempt any of the aforesaid,
including but not limited to 17873, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE
SERVICE ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER
APPLICABLE LAW. Please see our Parents Guide for more information regarding purchases made by minors.
The provision of Virtual Items for use in 17873 games is a service provided by 17873 that commences immediately upon acceptance by 17873 of your purchase.
You agree to pay all fees and applicable taxes incurred by you or
anyone using an Account registered to you. 17873 may revise the pricing for the Virtual Items offered
through the Service at any time. YOU ACKNOWLEDGE THAT 17873 IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND
THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED
VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS
VOLUNTARY OR INVOLUNTARY.
You understand that the Service is an evolving one. 17873 may require that you accept updates to the Service and
to 17873's games you have installed on your device or computer.
You acknowledge and agree that 17873 may update the Service and 17873 games, with or without notifying you. You may need to
update third party software from time to time in order to receive the
Service and play 17873 games.
WITHOUT LIMITING 17873'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. 17873 DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE
THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE
CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy;
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 17873 SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES
ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS
OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 17873 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO
THE EXTENT NOT PROHIBITED BY LAW, 17873 SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU
HAVE PAID TO 17873 IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6)
MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A
CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO 17873 DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND 17873'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH 17873 IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS
OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF 17873 OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY
NEGLIGENCE OR FRAUD OF 17873.
You agree to indemnify, defend and hold 17873 (and our officers, directors, agents, subsidiaries,
joint ventures and employees) harmless from any claim, demand, damages
or other losses, including reasonable attorneys' fees, asserted by any
third-party resulting from or arising out of your use of the Service,
or any breach by you of these Terms of Service, however the foregoing
does not apply if the infringement of rights is not attributable to
your intentional or negligent behavior.
You and 17873 agree that the processes for dispute resolution
described in this agreement will apply to any dispute or claims
related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including
but not limited to legal, equitable, or statutory claims. Processes
for dispute resolution will apply even if you stop using your Account,
delete your Account, or stop using the Service. They will also apply
to disputes that arose before we entered into this agreement.
Sections 8.1 to 8.6 apply to you if you are a resident of the
United States or Canada. They do not apply to you if you are a
resident of any other country.
8.1. Informal Dispute Resolution
You must try to informally resolve any dispute directly with 17873 for at least thirty (30) days before you start an
arbitration. The informal dispute resolution process starts when you
give 17873 written notice of the dispute through [email protected].
Agreement You and 17873 agree to resolve any disputes exclusively in final and
binding arbitration as follows:
Either you or 17873 may choose to submit any dispute for resolution
exclusively by final and binding arbitration unless the claim is
within the exceptions described below. If you or 17873 brings a claim in court that can be resolved by
arbitration under this section, then either party can ask the court to
order the parties to resolve the claim by arbitration. The arbitrator
will have the exclusive authority to decide whether any portion of
Section 8 (锟斤拷Dispute Resolution锟斤拷) is valid or enforceable, or whether
it applies to a claim.
An arbitration proceeding will be held before a neutral arbitrator.
This means you and
17873 agree to give up the right to resolve the dispute in a
trial before a judge or jury. Arbitration has different rules than more formal lawsuits. For
example, the ability to force the other side to share information may
be more limited than the process called discovery in formal lawsuits.
After the arbitrator decides the outcome, that decision will be final.
You or 17873 can ask the arbitrator to put a decision or award and
the reasons for it in writing. Either of us can ask a court to confirm
or enter the arbitrator锟斤拷s final decision or award, which will make it
the same as a court judgment. You and 17873 will generally not be able to change the outcome of
arbitration through courts outside of very limited circumstances.
The arbitration will be run by the American Arbitration Association
(锟斤拷AAA锟斤拷). AAA锟斤拷s rules and procedures will be used for the
arbitration, including the Consumer Arbitration Rules. But if there is
a conflict between these Terms of Service and AAA锟斤拷s rules and
procedures, then we will follow these Terms of Service. To review
AAA锟斤拷s Rules or to start arbitration, you can go to AAA锟斤拷s website. If either of us decide to start arbitration, we agree to provide
the other party with a written Demand for Arbitration as specified in
the AAA Rules.
The fees for arbitration will be determined by AAA锟斤拷s Consumer
Arbitration Rules. If the arbitrator decides that those fees are
excessive, 17873 will pay the fees. Each side will pay their own
attorneys锟斤拷 fees and costs unless the claims allow for to the
prevailing party to recover attorneys锟斤拷 fees and costs, in which case
the arbitrator may award them under the applicable law. If either
party unsuccessfully challenges the validity of the arbitrator锟斤拷s
decision or award through a subsequent court case, the unsuccessful
party shall pay the opposing party锟斤拷s costs and attorneys锟斤拷 fees
associated with the challenge.
The arbitration will take place either in San Francisco, California,
USA or in the county or province where you reside.
8.4 Exceptions to Agreement to Arbitrate
You and 17873 agree that the arbitration agreement in Section 8.2 will
not apply to the following disputes:
• Claims about 17873锟斤拷s intellectual property, such as claims to enforce,
protect, or concerning the validity of 17873锟斤拷s copyrights, trademarks, trade dress, domain names,
patents, trade secrets, or other intellectual property rights.
• Claims related to piracy or tortious interference.
• Claims that are not subject to an arbitration agreement as a matter
of law and are not preempted by federal law that would allow for an
agreement to arbitration.
• Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall
be resolved by a court of competent jurisdiction as described in
Section 10 (锟斤拷Venue for Disputes Not Subject to Arbitration锟斤拷).
You and 17873 agree that we can only bring claims against each other
on an individual basis.That means:
• You cannot bring a claim against 17873 as a plaintiff or class member in a class, collective,
consolidated, or representative action.
• The arbitrator cannot combine any other person锟斤拷s claims with yours
into a single case or preside over any class, collective,
consolidated, or representative arbitration proceeding.
• The arbitrator锟斤拷s decision or award in your case will not apply to
anyone else and cannot be used to decide other people锟斤拷s
disputes.
If this section (Section 8.5 锟斤拷No Class Actions锟斤拷) is found to be
unenforceable or invalid, then the entirety of Section 8, including
Sections 8.1 to 8.6, shall be void.
8.6 Opt-Out of Arbitration Agreement and No Class Actions
Provisions
You can choose to opt out of and not be bound by the Arbitration
Agreement and No Class Action provisions above (Sections 8.1 to 8.5)
by sending written notice of your decision to opt out to [email protected] with the subject line 锟斤拷ARBITRATION AND CLASS ACTION
WAIVER OPT-OUT.锟斤拷 You must send us this notice within thirty (30) days
of your first use of the Service or availability of this opt-out,
whichever is later. If you do not send us a notice within that time,
you will be bound to arbitrate disputes in accordance with the terms
of these paragraphs. If you opt out of these arbitration provisions, 17873 also will not be bound by them.
8.7 Alternative and Online Dispute Resolution
If you are a consumer based in the EU or EEA, you may make use of the Online Dispute Resolution platform offered by the European Commission as an out-of-court
alternative to resolve disputes. You may also recourse to
alternative dispute resolution and refer a dispute to the consumer
disputes board or other corresponding out-of-court institution in your
domicile.
If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its
procedural provisions) governs the interpretation and enforcement of
the agreement to arbitrate and no class actions provisions of Section
8, and (2) any dispute arising out of or related to these Terms of
Service, the Privacy Policy, or the Service shall be governed in all respects by the laws of the
State of California, USA without regard to conflict of law provisions.
If you are a resident outside of the United States and Canada, you agree that any claim or dispute arising out of or related to
these Terms of Service, the Privacy Policy, or the Service shall be governed by the laws of United States
without regard to conflict of law provisions.
10. Venue for Disputes Not Subject to Arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute you may have against 17873 that is not subject to arbitration under Section 8 must
be resolved exclusively by a federal or state court located in San
Francisco, California. You and 17873 consent to venue and personal jurisdiction in San
Francisco, California for all such claims or disputes.
If you are a resident outside of the United States and
Canada, you agree that any claim or dispute you may have against 17873 must be resolved exclusively by a court located in
Helsinki, United States.
You and 17873 agree that if any portion of these Terms of Service or
of the 17873 Privacy Policy is found illegal or unenforceable, in whole or in part by any
court of competent jurisdiction, such provision shall, as to such
jurisdiction, be ineffective solely to the extent of such
determination of invalidity or unenforceability without affecting the
validity or enforceability thereof in any other manner or jurisdiction
and without affecting the remaining provisions of the terms, which
shall continue to be in full force and effect.
17873 may assign or delegate these Terms of Service and/or the 17873 Privacy Policy, 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 of Service or Privacy Policy without 17873's prior written consent, and any unauthorized assignment
and delegation by you is ineffective.
17873 may publish additional policies related to specific
services such as forums, contests, or loyalty programs. Your right to
use such services is subject to those specific policies and these
Terms of Service.
These Terms of Service, any supplemental policies and any documents
expressly incorporated by reference herein (including the 17873 Privacy Policy), contain the entire understanding of you and 17873, and supersede all prior understandings of the parties
hereto relating to the subject matter hereof, whether electronic, oral
or written, or whether established by custom, practice, policy or
precedent, between you and us with respect to the Service.
The failure of 17873 to require or enforce strict performance by you of any
provision of these Terms of Service or the 17873 Privacy Policy or failure to exercise any right under them shall not be
construed as a waiver or relinquishment of 17873's right to assert or rely upon any such provision or
right in that or any other instance.
The express waiver by 17873 of any provision, condition, or requirement of these
Terms of Service or the 17873 Privacy Policy shall not constitute a waiver of any future obligation to
comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of
Service, no representations, statements, consents, waivers, or other
acts or omissions by 17873 shall be deemed a modification of these Terms of Service
nor legally binding, unless documented in physical writing, hand
signed by You and a duly appointed officer of 17873.
We may notify you via e-mail or any other communications means to
contact information you provide to us. All notices given by you or
required from you under these Terms of Service or the 17873 Privacy Policy shall be in writing and addressed to [email protected].
You acknowledge that the rights granted and obligations made under
these Terms of Service to 17873 are of a unique and irreplaceable nature, the loss of
which shall irreparably harm 17873 and which cannot be replaced by monetary damages alone
so that 17873 shall be entitled to injunctive or other equitable
relief (without the obligations of posting any bond or surety or proof
of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other
equitable relief, or to enjoin or restrain the operation of the
Service or any 17873 game, exploitation of any advertising or other materials
issued in connection therewith, or exploitation of the Service or any
content or other material used or displayed through the Service and
agree to limit your claims to claims for monetary damages, limited by
Section 7 (if any).
17873 shall not be liable for any delay or failure to perform
resulting from causes outside the reasonable control of 17873, including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause beyond 17873's control such as acts of God, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, or shortages of transportation facilities, fuel,
energy, labor or materials.