Terms of Service | MerryTap

These Terms of Service (this "TOS") constitute a legal agreement between you and Learnings Co., Limited and its subsidiaries and affiliated companies ("we," "us" or "our"), governing your use of our Services. The "Services" mean collectively, and sometimes individually, the following: (a) each of our Apps ("App"), and (b) any websites ("Website"), software or other services we provide, whether or not they are installed or used on a computer, console, or a mobile device.

When you use the Services, you represent that you are at least the minimum age for consenting to personal data collection under the law in your jurisdiction. Our Services are not intended for children. If you are under the minimum legal age required to consent to data processing in your jurisdiction, you must not download, access, or play our games, or provide any personal information to us.

In connection with your use of the Service, please review our Privacy Policy to understand how we use the information we collect from you when you access, visit or use the Service. You may reach out to us with any questions via the contact information included within the Privacy Policy.

1. Account

Guest Mode. Some of our Apps can be played without creating an account ("Guest Mode"), but in Guest Mode, your progress, achievements, and other App data are stored on your device only. If you uninstall the app, switch devices, or clear the app data, that information will be lost and we will not be able to recover it.
Third-Party Accounts. Some Services allow you to sign in through, or link your account to, a third-party platform (for example, your account with Apple, Google or Facebook). Use of these platforms is subject to the terms of the third party. We are not responsible for those third-party services.
Keep Your Information Accurate. If you register an Account, you agree: (i) to provide true, accurate, current and complete information about yourself; (ii) to maintain and update the information to keep it true, accurate, current and complete.
No Account Sharing. You may not sell, resell, rent, lease, share or provide access to your Account to anyone else. You agree to notify us of any unauthorized use of your username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Service by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account.
Account Deletion. You may request to delete your account directly through the settings menu. Please be advised that account deletion is permanent and irreversible. Once deleted, all associated data, progress, and records will be permanently erased and cannot be recovered under any circumstances. Furthermore, logging in with the same account or registration details will not restore your previous data. Please exercise extreme caution before proceeding with account deletion.

2. Premium Features

Obtaining Premium Features. Subject to applicable regulations in your jurisdiction, we may offer certain upgrades and options within our Apps that you can buy with real world currency, including, but not limited to, in-game virtual currency ("Virtual Currency"), digital items that may improve your experience in some way ("Virtual Goods") and expanded functionalities such as removal of Ads (collectively "Premium Features"). Except as otherwise communicated to you within the functionality of the App, Premium Features are not transferable from one App to another. You may also be able to obtain certain Virtual Goods and Virtual Currency without making a purchase, such as an in-App award. When you purchase Premium Features, your purchase will be made through the functionality available through the Apple App Store, Google Play Store, or other Third-Party App Store we make available to you.
Purchases and Subscriptions. When you purchase Premium Features through the App, you can choose to make a one-time purchase giving you lifetime access to the Premium Features ("Lifetime Access") or you can purchase a monthly or yearly subscription to access the Premium Features ("Subscription"). When you purchase a Subscription, we automatically bill the credit or debit card on file ("Payment Method") for the Premium Features based on the term you select (e.g., on a monthly or yearly basis) until terminated. You can change your Subscription frequency or cancel your Subscription through your App Store settings at any time within twenty-four (24) hours of the next scheduled payment date.
Your License to Premium Features. Premium Features are digital items. Premium Features have no monetary value and cannot be redeemed for cash. Premium Features are non-transferable and non-tradable, in whole or part, and are not provided for investment purposes. Premium Features are licensed, not sold. Provided you comply with the terms of this TOS, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Premium Features you gain access to, whether purchased or otherwise obtained, solely in connection with your use of the App in question and within the App and for no other purpose. We may cancel, revoke, or otherwise prevent the use of Premium Features if we suspect any unauthorized or fraudulent activity, and/or to correct any erroneous application of any Premium Features to your Account.
No Refunds. Subject to applicable law (including as described in each country-specific addendum below), or App Store policy, all Premium Features remain our property, have no monetary value and are not redeemable, refundable, or eligible for any other alternate remedy for any "real world" money or anything of monetary value, unless they are defective, unavailable, or do not perform in accordance with the specifications we provide. We also do not provide partial refunds or credits for unused periods. Following any cancellation of your Subscription you will continue to have access to the Premium Features through the end of your Subscription term.
Taxes. If we are legally required to collect sales tax on your order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two (2) years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Changes to Premium Features. We may, from time to time, modify, amend, or supplement our fees, billing methods, and terms applicable to Premium Features or to any purchases, and post those changes in this TOS, in separate terms and conditions or in other terms or agreements posted on the applicable website or as part of the App or otherwise provided to you by us. Except where prohibited by law in your jurisdiction, such modifications, amendments, supplements, or terms shall be effective immediately upon posting and shall be incorporated by reference into this TOS. If any change is unacceptable to you, you may terminate the use of your App at any time.

3. Use of the Services and Prohibited Activities

License Grant. So long as you comply with this TOS, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to (i) download and install the App on the device, and (ii) access and use the Services for your personal gaming and entertainment purposes only. We and our licensors reserve all rights not granted to you in this TOS.
Service Interruptions. Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, "Service Interruptions"). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.
Service Limits Based on Where You Live. We may restrict, modify, or limit your access to and use of certain Content, Virtual Goods, an entire App, or any or all of the Services, depending on the territory in which you are located. Without limiting the foregoing, Content, Virtual Goods, or the Services may not be available (in whole or in part) where you are located or may only be available in a modified version, if they do not comply with the laws which apply in your country.
Prohibited Activities. While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You agree that in connection with your use of the Services, you will not:
1. use the Services for any improper, fraudulent, illegal, or unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means, using the system to send unsolicited or commercial emails or other communications, or engaging in unauthorized framing, mirroring, or linking to, the Services without our express written consent;
2. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
3. post to or transmit through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
4. take any action that would interfere with, disrupt, or create an undue burden on the Service or the networks, infrastructure, or functionalities connected to the Services;
5. take any action that would interfere with another party's use of the Service;
6. use any meta tags, "hidden text," agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage any information from the Services or any other user of the Services;
7. distribute, transmit, reproduce, or otherwise make available any software viruses, worms, spyware, adware, malware, program, code, file, or other technology that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
8. impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or express or imply that we endorse any statement you make;
9. decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;
10. build a competitive product or service using the Services, build a product or service using similar ideas, features, functions, or graphics as the Services or determine whether the Services are within the scope of any patent;
11. violate or interfere with any rights of us, our users, or any other third parties, including intellectual property, privacy, or publicity rights;
12. circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use, access, or copying, or to enforce other limitation of use on the Services; or
13. assist or permit any persons in violating this TOS or other applicable laws or rules governing the use of the Services.

4. Intellectual Property Rights

Ownership of the Services. All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Services (the "Content") are protected by copyright, trademarks, and other intellectual property rights under the United States and foreign laws and international conventions, and are owned by or used with permission or under license by us and our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth in this TOS, the use of any Content is strictly prohibited.
Limited License and Restrictions. You may not copy the App, except for making one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained in and on the Services. No Content may be reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without our written permission, except that you may download or print one copy of specific Content made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this TOS and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact, (ii) use such Content pursuant to any licenses associated with such Content, (iii) not copy or post such Content on any networked computer or broadcast it in any media, (iv) make no modifications to any such Content, and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of an App or the Content.

5. User Content and User Interactions

Your Responsibilities for User Content. Subject to the Section 3 of this TOS, you are entirely responsible for all content that you make available through the Services, post to the Services, upload to us, or transmit through the Apps or Website, including but not limited to, text, reviews, posts, images, videos, designs, illustrations, photographs or other intellectual property ("User Content").
License of User Content. If you submit any User Content to us, you automatically grant us (or warrant that the owner of such information and material has expressly granted us) a royalty-free, worldwide, perpetual, sublicensable, irrevocable, and unrestricted right and license to (a) use, copy, display, perform, modify, adapt, publish, and distribute, or otherwise make available such User Content (including any associated intellectual property rights), in whole or in part, for any purpose, and (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works). Additionally, you irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. You agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential.
Interactive Features and Forums. We may host message boards, user-generated content, reviews, blogs, games, and other interactive features or services through which users can post or upload User Content or otherwise interact with our Services or something on them (each, a "Forum"). We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content, and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. We reserve the right to remove any Forum Content, of any variety, at any time for any reason.
Our Rights. You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (i) evaluate User Content before allowing it to be posted on a site, in an App, or on any Forum; (ii) monitor User Content and Forums; (iii) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (iv) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate the Services, to protect us, our users, to comply with legal obligations or governmental requests, to enforce this TOS, or for any other reason or purpose we deem appropriate. If you see User Content on the Services or Forum that you believe violates this TOS, please contact us.

6. Third-Party App Stores and Third Party Sites

Third-Party App Stores. You acknowledge and agree that the availability of the Services may be dependent on third-party websites from which you download the Service (each a "Third-Party App Store"). You acknowledge that this TOS is between you and us and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. These terms provided by the Third-Party App Store may provide us, and the Third-Party App Store, additional rights while posing additional obligations or restrictions on you. Please review such terms. You are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.
Third Party Sites. The Services may contain links to websites, social media pages, mobile applications, or other services operated by third parties ("Third Party Sites"). If you click these links, you will leave our Websites or Apps. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not own or operate the Third-Party Sites, and we have not reviewed all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse or otherwise sponsor any Third-Party Sites or any materials, opinions, goods or services available on them. Third-party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws. You agree that your use of third-party websites, applications, services and resources, including without limitation your use of any content, information, data, advertising, products, or other materials on or available through such third parties, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

7. Digital Millennium Copyright Act Policy

We comply with the Digital Millennium Copyright Act ("DMCA"). Upon receiving a valid copyright infringement notice, we may remove or disable access to the infringing material, notify the content provider, and/or terminate repeat infringers' accounts. To submit a DMCA takedown notification, please email support@merrytapgames.com with the subject "DMCA Notice" and include:

Identify the copyrighted work that you claim has been infringed;
Identify the material or link on our Services that you claim is infringing your copyrighted work;
Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
Include in the body of your notice the following statement, followed by your electronic or physical signature: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

We will respond to such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. We will terminate our user's access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights.

8. Modifications to this TOS

We may modify this TOS from time to time. We will notify you of material changes to this TOS by posting the amended terms on the Services before the effective date of the changes. In addition, you will be required to accept the new TOS the first time you visit the Service and log in to your user account after the new TOS takes effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new TOS takes effect. If you continue using the Service after the new TOS takes effect, you understand and acknowledge that you will be bound by the modified TOS.

9. Termination

Termination of the TOS. The Services and this TOS are in effect until terminated by you or us. We may terminate this TOS by notifying you using any contact information we have about you or by posting such termination on the Website or in your Account. You may terminate this TOS by deleting your Account or uninstalling the App. Without limiting any other provision of this TOS, we reserve the right to, in our sole discretion, and without notice or liability, deny access to our Services to any person for any reason, including, without limitation, for engaging in the prohibited activities, breach of any representation, warranty or covenant contained in this TOS, or breach of any applicable law or regulation.
Post-Termination Obligations. Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. You agree that if your use of the Services is terminated pursuant to this TOS, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination. Even after the termination of this TOS, your Account, or your access to the Services, any User Content you have posted or submitted may remain on the Website or Apps indefinitely.
Survival of Terms. The provisions of this TOS concerning protection of intellectual property rights, authorized use, User Content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

10. Warranty Disclaimer

To the extent permitted by applicable law, our Services are provided "as is" and "as available," without warranty or conditions of any kind. By operating the Services, we do not make any representations about or imply that we endorse any User Content or contributions available on or linked to by the Services, including without limitation, Content or contributions hosted on Third Party Sites. We cannot guarantee and do not promise any specific results from use of the Services. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this TOS. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Services and your use thereof.

To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service's Content, the Content of any site linked to the Services, contributions, information or any other items or materials on or linked to by the Services. We assume no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content and materials, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any Content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Services.

11. Limitation on Liability

To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages of any kind, including:

Loss of profits,
Lost revenue,
Lost savings,
Loss of data, or
Any indirect, consequential, incidental, special, punitive damages,

arising out of or relating to these Terms or the use or inability to use the Service, contributions, materials or any other content therein, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operations or transmission, or any computer virus or failure.

Notwithstanding anything to the contrary contained in this TOS, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Terms of Service, whether in contract, tort or for breach of statutory duty or in any other theory of liability shall not exceed the actual total amount received by us from you or the lowest liability limitation allowed by applicable law.

12. Indemnity

You agree to indemnify, defend and hold us and the releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this TOS; (ii) your activities in connection with the Services; or (iii) the content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

13. Dispute Resolution and Governing Law

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

This TOS shall be governed by and construed in accordance with the laws of Hong Kong. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

14. General Terms

Non-Waiver. Our failure to exercise or enforce any right or provision of this TOS shall not operate as a waiver of the applicable right or provision.
Severability. This TOS operates to the fullest extent permissible by law. If any provision or part of a provision of this TOS is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions.
Assignment. You may not assign or transfer this TOS, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this TOS, without such consent, will be null and of no effect. We may freely assign or transfer this TOS without restriction. Subject to the foregoing, this TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Modifications by Our Employees. If any of our employees offers to modify the terms of this TOS, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
Entire Agreement. This TOS and any other legal notices published on the Apps or Services shall constitute the entire agreement between you and us concerning the Services, and supersede all prior terms, agreements, discussions and writings regarding the Services. If any provision of this TOS is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of this TOS, which shall remain in full force and effect.
No Waiver. No waiver of any term of this TOS shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under this TOS shall not constitute a waiver of such right or provision.

15. Contact information

If you have any questions about this TOS or your Account, please contact us at support@merrytapgames.com.

16. Additional Terms for Residents of EU and UK

Premium Features. Notwithstanding Section 2(d) of this TOS, if you are a resident of the EU or the UK, you have fourteen (14) days from the date you signed up for a Subscription to cancel for any reason and receive a refund, provided that we may charge you or withhold from your refund the value of any Premium Features used through your account during such period. If we accept your refund request, you will receive a credit to your original Payment Method. If we are unable to credit that Payment Method, your refund may not be completed. We may contact you for new payment information or provide your refund in another way. To exercise this right, you must inform us of your unequivocal decision to withdraw from your contract by email set forth in Section 15.
Limitation on Liability. The limitations of liability in Section 11 apply only to the fullest extent permitted by the mandatory law of your country of residence. In particular, nothing in this TOS limits (i) your statutory warranty rights in respect of digital content; (ii) our liability for death or personal injury caused by our negligence; (iii) our liability for fraud or fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded under the mandatory law that applies to you.
Indemnity. Section 12 of this TOS is removed in its entirety and replaced with the following:
12. Intentionally Omitted.
Dispute Resolution and Governing Law. Notwithstanding the Section 13, you may bring legal proceedings in respect of this TOS in the competent courts of your country of residence. In addition, the choice of Hong Kong law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of your country of residence.
Online Dispute Resolution. The European Commission provides an online dispute resolution platform, available at https://consumer-redress.ec.europa.eu/index_en. We are not obliged to, and do not currently, use this platform for consumer disputes. You are, however, free to submit a complaint through it.

17. Additional Terms for Residents of the United States

If you live in and/or access, use, or purchase the Services in the United States, Section 13 of this TOS is replaced in its entirety with the following:

13. Dispute Resolution and Governing Law

Waiver of Court and Jury Trial. Both parties agree to resolve all disputes arising from this TOS or the Services exclusively through binding individual arbitration rather than in court. Both parties explicitly waive their right to a jury trial.
30-Day Opt-Out Right. Users can opt out of arbitration by sending a written notice to us through email set forth in Section 15 within thirty (30) days of first agreeing to this TOS. The notice must include the user's name, mailing address, account email, and a clear statement opting out. Failure to do so within thirty (30) days waives this right.
Mandatory Pre-Arbitration Negotiation. Before initiating arbitration or a lawsuit, parties must send a "Notice of Dispute" to us and engage in at least sixty (60) days of good-faith negotiation. Arbitrations filed without prior compliance with this process will be suspended. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this TOS and the Notice of Dispute provided (if any).
Court Exceptions (Small Claims & Injunctive/IP Relief). Either party may bypass arbitration and file a court lawsuit for: (i) claims within local small claims court jurisdiction (pending arbitrations without an appointed arbitrator may be transferred via written notice); or (ii) intellectual property infringement, urgent injunctive relief, or public injunctive relief (claims for public injunctive relief will be litigated in court after the arbitrator decides liability).
Commencing Arbitration and Procedures. If the dispute is not resolved within sixty (60) days after a compliant Notice of Dispute is received, either you or we may commence an arbitration proceeding. The arbitration will be administered by JAMS before a single arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect as of the date of the Notice of Dispute (the "JAMS Rules"), as modified by this Section 17; the terms of this Section 17 govern to the extent they conflict with the JAMS Rules.
No Class Actions. You and we agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding, including any private attorney general action.
Mass Arbitration. If twenty-five (25) or more similar demands for arbitration are filed against us by individual claimants represented by the same or coordinated counsel (a "Mass Arbitration"), the JAMS Mass Arbitration Procedures and Guidelines in effect when the Mass Arbitration is filed (the "JAMS Mass Arbitration Rules") shall apply, and the Process Administrator and the arbitrators appointed thereunder shall have the authority to batch individual arbitration demands into coordinated proceedings in accordance with those rules. All provisions of this Section 17 not in conflict with the JAMS Mass Arbitration Rules shall continue to apply.
Governing Law. If you are a resident of the United States, this TOS, and any dispute between you and us, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law rules; provided that the Federal Arbitration Act ("FAA"), including its procedural provisions, governs in all respects everything related to arbitration under this Section 17, and no state arbitration law shall apply.
Forum and Venue for Court Proceedings. For any court proceeding permitted or required under this Section 17, you and we consent to the exclusive jurisdiction and venue of the federal or state courts located in the State of Delaware. Small claims court proceedings under subsection (d) may be brought as provided in that subsection and are not subject to this subsection (i).