P.W GAMES TERMS OF SERVICE AND
END USER LICENSE AGREEMENT

Last Updated: April 23, 2021

These Terms of Service and End User License Agreement (“Terms”) are an agreement between you and P.W Games, LLC Throughout these Terms, the terms “Company,” “us,” “our” and/or “we” refer to P.W Games, LLC. These Terms govern your access and use of our website, https://pw.games, our mobile apps, or any other site or application where these Terms are posted (collectively, the “Services”).

BY ACCESSING OR DOWNLOADING OUR SERVICES, YOU (a) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR DOWNLOAD ANY OF THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, LIMIT THE TIME IN WHICH TO BRING A CLAIM, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

We reserve the right to amend these Terms occasionally by posting the amended Terms on our sites or within the Services. If any changes to the Terms materially affect your rights or obligations, we will notify you by reasonable means. With respect to our mobile application, you acknowledge and agree that an in-app message which notifies you of any material changes when you open the mobile application constitutes reasonable means. Unless we state otherwise, changes are effective when posted. Your continued use of the mobile application and/or any of the Services after we post any such amendments constitutes your acceptance thereof. If you do not agree to the amendments, you must discontinue use of the Services.

ELIGIBILITY

The Services, and content therein, are intended for adults. If you are under the age of 18, you may use the Services only with the permission and/or participation of a parent or guardian. If you are a parent or guardian who has created a profile for a child user on a mobile app that offers such functionality, you represent that you have agree to these Terms on behalf of your child, that you have reviewed and agreed to the privacy practices set forth in the Children’s Privacy Policy applicable to the mobile app, and you consent to permit P.W Games to collect personal information from your child. You may not use the Services if you cannot enter into a binding contract with PW. Games; if you have been previously banned from using any PW. Games mobile app; or if you are not allowed to receive products, including services and software from the United States. For example, if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals. If you do not meet all of these requirements, you must not access or use the Services.

ACCOUNTS AND REGISTRATION

When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@pw.games.

INTELLECTUAL PROPERTY OWNERSHIP

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, service providers, or other providers of such material, and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Intellectual Property”).

TRADEMARK RIGHTS

Company is the owner of pending, registered and unregistered trademarks, trade dress and trade names appearing on the Services, including but not limited to Company name and logo, and all related names, logos, products and service names, designs, slogans and tag lines (collectively the “Marks”). You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, slogans and tag lines on the Services are the trademarks of their respective owners.

FEEDBACK

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas or other feedback previously known to Company, or developed by its employees, or obtained from sources other than you.

COMPANY PROPERTY

Certain of our Services may contain data, information, and other content not owned by you, such as virtual in-world or in-game currency, reputational or status indicators, or fictional property representing virtual achievements, (collectively, “Company Property”). You understand and agree that regardless of terminology used, Company Property represents a limited license right governed solely by these Terms and available for distribution at Company’s sole discretion. Company Property is not redeemable for any sum of money or monetary value from Company at any time. You acknowledge that you do not own the account you registered for and use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers, including without limitation any data representing or embodying any or all of your Company Property. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate Company Property as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.

LICENSE GRANT

Subject to these Terms, Company grants you (“Licensee”) a limited, non-exclusive, revocable, non-sublicensable, and nontransferable license to: (a) access, download, install, and use the Services for your personal, non-commercial use on a device owned or otherwise controlled by you (”Device”) strictly in accordance with the Services’ documentation, and (b) access, stream, download, and use on such Device, interactive features made available in or otherwise accessible through the Services, strictly in accordance with these Terms.

LICENSE RESTRICTIONS

Licensee shall not:

Copy any of the Services, except as expressly permitted by this license (and other than a single copy for your own backup purposes);
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not copyrightable and/or patentable, of the Services;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
access, create and/or modify the Services’ source code;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, assign, publish, transfer, grant, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed and/or downloaded by more than one device at any time;
use any spider, robot, and/or other automatic or manual device or process to interfere with the proper working of the Services (except to remove the Services that have been downloaded to your device); and/or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.

If you violate the Intellectual Property rights of Company and/or these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

PROHIBITED USES

In addition to other restrictions set forth in these Terms, you are prohibited from using the Services or any of the content therein: (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts; (b) to violate any applicable federal, provincial or state regulations, rules, laws, local ordinances, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (c) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (d) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to transmit, or procure the sending of, any advertising or promotional including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (h) to phish, pharm, pretext, spider, crawl, or scrape; (i) to upload or transmit viruses, Trojan horses, worms, logic bombs, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related services, or the Internet; (j) to collect or track the personal information of others; (k) for any obscene or immoral purpose; (l) to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing; (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability; or (n) to interfere with or circumvent the security features of the Services or any related services, or the Internet.

We reserve the right to terminate your use of the Services or any related services for violating any provision of these Terms.

RESERVATION OF RIGHTS

You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the Services, Company may use automatic means (including, for example, cookies) to collect non-personal information about your Device and about your use of the Services. All information we collect through or in connection with the Services is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

GEOGRAPHIC RESTRICTIONS

The content and features of the Services is based in California, USA and provided for access and use only by persons located in the United States and in Canada. You acknowledge that you may not be able to access all or some of the content and/or features of the Services outside of the United States or Canada and that access thereto may not be legal by certain persons or in certain countries. If you access content from the Services from outside the United States or Canada, you are responsible for compliance with local laws.

UPDATES

Company may occasionally in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Updates will be provided when your Device is connected to the internet by one of the following ways:

the Services will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

THIRD PARTY MATERIALS

The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (”Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

TERMS SPECIFIC TO MOBILE SOFTWARE

A. Mobile Software.

As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account owned solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Services.

B. Mobile Software from Apple App Store.

The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Company as provider of the software.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Software from Google Play Store.

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software.

GENERAL PAYMENT TERMS

Some of the mobile apps may offer subscription services. If you purchase a subscription, then by clicking the purchase button you are requesting that the Company begin supplying the subscription services immediately and are entering into a periodic subscription contract with us. You are also authorizing a charge to you of a periodic subscription fee at the rate quoted at the time of purchase.

For subscription services purchased in a PW. Games mobile game played on a platform such as Apple or Google, the platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

Please note that prices and charges are subject to change. If PW. Games makes a change to the periodic subscription rate, we will let you know in advance.

Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews each billing period, otherwise payment of the next billing period’s subscription fees will be taken automatically via your chosen payment method.

For subscription services purchased in a PW. Games mobile game played on a platform such as Apple, or Google, you may cancel at any time directly through the platform. For instructions on how to cancel a subscription for a game played on an Apple or Google platform, please review their customer support websites or contact their customer support numbers for information regarding canceling auto-renewing subscriptions.

SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

TERM AND TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms by deleting the Services and all copies thereof from your Devices. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, OR THEIR RESPECTIVE OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUB-CONTRACTORS, SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, and third party content providers from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, fees, including reasonable attorneys’ fees, or expenses of whatever kind arising from or relating to your use or misuse of the Services or your breach of these Terms, including but not limited to the content you submit or make available through the Services.

EXPORT REGULATION

The Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.

SEVERABILITY

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

GOVERNING LAW

Any claim, dispute, and/or legal proceeding relating to these Terms and/or the Services (collectively, “Claims“), shall be governed by and construed in accordance with the laws of the state of California without giving effect to any choice or conflict of law provision or rule. Except as provided below under the Arbitration clause, any Claim shall be instituted exclusively in the federal courts of the United States or the courts of the state of California in each case located in Los Angeles and Los Angeles County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

ARBITRATION

PLEASE READ THIS ARBITRATION CLAUSE CAREFULLY.

Except for Claims relating to intellectual property rights, obligations, or any infringement claims, or Claims that qualify for small claims court, all Claims to the extent allowed by law, shall be submitted to confidential binding arbitration on an individual basis in Los Angeles County, CA through the American Arbitration Association, and you consent to personal jurisdiction, venue and forum without objection. You agree that all such Claims must be brought within one year after such claim arose, otherwise, your Claim is permanently barred.

The AAA Consumer Arbitration Rules shall apply (www.adr.org). The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and shall pay an equal share of the fees and costs of arbitration. The parties hereby waive their constitutional and statutory rights to go to court and have a trial before a judge or jury. All Claims within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class action basis and claims of more than one user cannot be arbitrated or resolved jointly or consolidated with any other user.

Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in a court of competent jurisdiction, and you consent to the exclusive jurisdiction and venue of any state or federal court in Los Angeles County, California.

WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the provisions of these Terms shall govern.

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

HOW TO CONTACT US

Please contact us at the mailing address, email, or phone number below with questions about our Terms of Service:

P.W Games, LLC
8500 Steller Dr., Bldg. 7
Culver City, CA 90232
United States of America

Phone: 424.298.8234
Email: support@pw.games

P.W GAMES TERMS OF SERVICE AND END USER LICENSE AGREEMENT