SharkbiteGames

AGREEMENT AND SERVICES

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION," WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "DISPUTE RESOLUTION BY BINDING ARBITRATION."

BY ACCESSING OR USING ANY SHARKBITE GAMES OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT USE ANY SHARKBITE GAMES OFFERINGS.

Sharkbite Games, Inc. and/or its Affiliates provide access to the Sharkbite Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term "Sharkbite Games Offerings" means the web sites of Sharkbite Games, including www.sharkbitegames.net any other sites on which these Terms of Use are posted, and any other Sharkbite Games application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing.

THESE TERMS OF USE ARE ENTERED INTO BETWEEN YOU AND SHARKBITE GAMES, INC. THE TERM "SHARKBITE GAMES" MEANS SHARKBITE GAMES, INC. ALONG WITH ITS AFFILIATES. Your use of the Sharkbite Games Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the Sharkbite Games Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a Sharkbite Games Offering, including any amendments or updates thereto.

Use of the Sharkbite Games Software, as hereafter defined, is governed by the Sharkbite Games, Inc. End User license.

Without limiting the foregoing, each of your Sharkbite Games Offering account(s) (each a "Sharkbite Games account"), if applicable, and participation in any Sharkbite Games Offerings are governed by these Terms of Use. The Sharkbite Games Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. Sharkbite Games reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If Sharkbite Games makes changes to these Terms of Use, we will provide notice of such changes, such as (by way of example only) by providing notice through the Sharkbite Games Offerings or updating the "Last Modified" date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect immediately such notice. Your continued access or use of any Sharkbite Games Offering constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the Sharkbite Games Offerings. If you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Sharkbite Games Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Sharkbite Games Offering, these Terms of Use will control.

ACCOUNT REGISTRATION

If you create a Sharkbite Games account within any Sharkbite Games Offering, you must provide truthful and accurate information to us in creating such account. If Sharkbite Games has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Sharkbite Games may suspend or terminate your ability to use or access a Sharkbite Games Offering, and refuse any and all current or future use of or access to any or all Sharkbite Games Offerings (or any portion thereof).

Sharkbite Games requires all users to be over the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may create a Sharkbite Games account or use the Sharkbite Games Offerings only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Sharkbite Games reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on any and all of your Sharkbite Games account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Sharkbite Games will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Sharkbite Games and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Sharkbite Games account(s). This includes illegal or improper use by someone to whom you have given permission to use your Sharkbite Games account(s) or whom you have negligently allowed to access your Sharkbite Games account(s). Sharkbite Games reserves the right to terminate your Sharkbite Games account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS

When you access a Sharkbite Games Offering, send e-mails or electronically chat with Sharkbite Games, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Sharkbite Games Offerings. You agree that all agreements, notices, disclosures and other communications that Sharkbite Games provides to you electronically satisfy any legal requirement that such communications be in writing.

VIRTUAL ITEMS

Certain Sharkbite Games Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing the Sharkbite Games Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Sharkbite Games Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Sharkbite Games Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Sharkbite Games Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Sharkbite Games Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Sharkbite Games may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Sharkbite Games will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Sharkbite Games Offering account is terminated or suspended for any reason, in Sharkbite Games’ sole discretion, or if Sharkbite Games discontinues any Sharkbite Games Offering or any portion or feature of any Sharkbite Games Offering.

Sharkbite Games has no liability for hacking or loss of your virtual items. Sharkbite Games has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Sharkbite Games reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

SOCIAL NETWORK SITES

If you access a Sharkbite Games Offering via a third party social networking site (a "Social Game"), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If Sharkbite Games has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Sharkbite Games may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

SHARKBITE GAMES SOFTWARE

We may require that you download certain software from Sharkbite Games, its principals or its licensors onto your computer ("Sharkbite Games Software"). Subject to your compliance with these Terms of Use, Sharkbite Games grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Sharkbite Games Software to participate in the Sharkbite Games Offerings. The Sharkbite Games Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Sharkbite Games Software.

NEITHER SHARKBITE GAMES, INC. NOR ITS LICENSORS IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY SHARKBITE GAMES SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE SHARKBITE GAMES SOFTWARE, RESIDES WITH YOU.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES

Any and all software, content and services (including advertising) within a Sharkbite Games Offering that are not owned by Sharkbite Games are "third party content and services." Sharkbite Games acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Sharkbite Games Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Sharkbite Games does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, Sharkbite Games reserves the right, in its sole discretion, to immediately terminate your participation in any or all Sharkbite Games Offerings, including any and all Sharkbite Games accounts you have established. You acknowledge that Sharkbite Games is not required to notify you prior to terminating any such account.

TERMINATION OF ANY SHARKBITE GAMES ACCOUNT

Sharkbite Games and you each have the right to terminate or cancel any of your Sharkbite Games account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Sharkbite Games account(s) and/or ceasing use of any and all Sharkbite Games Offerings are your sole right and remedy with respect to any dispute with Sharkbite Games. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Sharkbite Games, including, without limitation, the Privacy Policy, or Sharkbite Games’ enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Sharkbite Games Offerings, or any change in or to such content, (c) your ability to access and/or use any Sharkbite Games Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Sharkbite Games on or through any Sharkbite Games Offering.

Sharkbite Games reserves the right to collect fees, surcharges or costs incurred before you cancel your Sharkbite Games account(s) or a particular subscription. In the event that your Sharkbite Games account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Sharkbite Games may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Sharkbite Games account is terminated or suspended for any reason, in Sharkbite Games’ sole discretion, or if Sharkbite Games discontinues any Sharkbite Games Offering that includes virtual items.

Without limiting the foregoing provisions, if you violate these Terms of Use, Sharkbite Games may issue you a warning regarding the violation, or, in Sharkbite Games’ sole discretion, immediately terminate any and all Sharkbite Games accounts that you have established with any Sharkbite Games Offering, with or without notice.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Sharkbite Games Offerings are trademarks, registered trademarks or trade dress of Sharkbite Games or its licensors or principals in the United States and/or other countries. Sharkbite Games' trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Sharkbite Games, or in any manner that is likely to cause confusion among consumers or that disparages or discredits Sharkbite Games or any Sharkbite Games Offering. The compilation of all content on the Sharkbite Games Offerings is the exclusive property of Sharkbite Games and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Sharkbite Games Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Sharkbite Games that appear on the Sharkbite Games Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Sharkbite Games. If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Sharkbite Games Offerings, you agree to indemnify and hold harmless Sharkbite Games and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY SHARKBITE GAMES OFFERING, SHARKBITE GAMES SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL SHARKBITE GAMES OFFERINGS AND SHARKBITE GAMES SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHARKBITE GAMES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SHARKBITE GAMES OFFERINGS OR SHARKBITE GAMES SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE SHARKBITE GAMES OFFERINGS, SHARKBITE GAMES SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM SHARKBITE GAMES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SHARKBITE GAMES IS TO STOP USING THE SHARKBITE GAMES OFFERINGS AND SHARKBITE GAMES SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR SHARKBITE GAMES ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT SHARKBITE GAMES IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A SHARKBITE GAMES OFFERING BY, ANY SHARKBITE GAMES OFFERING USER. IN NO EVENT SHALL SHARKBITE GAMES’ OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SHARKBITE GAMES FOR YOUR PARTICIPATION IN ANY SHARKBITE GAMES OFFERING. IN NO CASE SHALL SHARKBITE GAMES OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY SHARKBITE GAMES OFFERING OR SHARKBITE GAMES SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT SHARKBITE GAMES IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SHARKBITE GAMES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF SHARKBITE GAMES OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING SHARKBITE GAMES OFFERINGS AND SHARKBITE GAMES SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Sharkbite Games and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Sharkbite Games Offering. Without limiting your indemnification obligations described herein, Sharkbite Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

IMPORT TAXES AND FEES

When you buy physical goods (e.g. CD-ROM) through any Sharkbite Games Offering for delivery outside the United States, you are considered an importer and, as between you and Sharkbite Games, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

EXPORT CONTROL LAWS

Certain Sharkbite Games Offerings may be subject to United States and international export controls. By accessing Sharkbite Games Offerings, you warrant that you are not located in any country, or exporting any Sharkbite Games Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Sharkbite Games Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Sharkbite Games relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Sharkbite Games respects the privacy of Sharkbite Games Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Sharkbite Games Offerings, to understand our policies and practices with respect your personal information.

APPLICABLE LAW, JURISDICTION, AND VENUE

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules.

The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted under these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., §§ 1-16).

You and Sharkbite Games irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts located in King County, Washington, for all disputes arising out of or relating to these Terms of Use, the subject matter of these Terms of Use, or your access to and use of any Sharkbite Games Offering, that are heard in court (not arbitration).

DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS "DISPUTE RESOLUTION BY BINDING ARBITRATION" PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SHARKBITE GAMES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SHARKBITE GAMES. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST SHARKBITE GAMES BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.

Scope of Arbitration Provision. You and Sharkbite Games agree that any dispute, claim or controversy arising out of or relating to your access to or use of any Sharkbite Games Offering or to these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a "Dispute"), shall be determined by arbitration, except that you and Sharkbite Games are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Location of Arbitration and Applicable Rules. You and Sharkbite Games agree that such arbitration shall occur in King County, Washington. You may request to appear in such proceedings telephonically. You and Sharkbite Games agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service ("JAMS"), as modified by these Terms of Use.

Authority of Arbitrator. With the exception of class procedures and remedies as discussed below under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

Confidentiality. You and Sharkbite Games shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision

Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and Sharkbite Games will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys’ fees.

WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND SHARKBITE GAMES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND SHARKBITE GAMES ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Procedure to Opt Out of Arbitration Provision. You may opt out of this arbitration provision only by written Notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Sharkbite Games, Attn: Legal Department, at 1375 NW Mall St. Suite #4, Issaquah, WA, 98027. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the Notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with Sharkbite Games through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and Sharkbite Games shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration.

If any portion of this section entitled "Dispute Resolution by Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

STATUTE OF LIMITATIONS

You and Sharkbite Games agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Sharkbite Games Offering, these Terms of Use or the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

SEVERABILITY

If any part of these Terms of Use is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

CONTACT US

Sharkbite Games, Inc.
Attn: Legal Department
1375 NW Mall Street Suite #4 Issaquah, WA 98027, USA

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Sharkbite Games Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Sharkbite Games’ Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located within the Sharkbite Games Offering;

(iv) Information reasonably sufficient to permit Sharkbite Games to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(vii) Sharkbite Games’ Designated Agent is: