AGREEMENT AND SERVICES
Use of the Sharkbite Games Software, as hereafter defined, is governed by the Sharkbite Games, Inc. End User license.
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 reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
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.
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.
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
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.
TERMINATION OF ANY SHARKBITE GAMES ACCOUNT
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.
INTELLECTUAL PROPERTY RIGHTS
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.
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
APPLICABLE LAW, JURISDICTION, AND VENUE
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.
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.
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
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:
Sharkbite Games, Inc.
Attn: Legal Department
1375 NW Mall Street Suite #4 Issaquah, WA 98027, USA