Welcome to Pinecone. We (the "Platform", "Company", "US", "WE" or "OUR") provide Internet-based services and products. We hope you enjoy our services by participating in tournaments and competitive competitions (collectively, "Competitions") to be part of our huge community.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO PARTICIPATE IN COMPETITIONS AND USE THIRD PARTY DEVELOPERS' SERVICES DOES NOT IMPLY PINECONE AS A COMPETITION OR SERVICE PROVIDER. BY CREATING AN ACCOUNT WITH US (your "Account"), USING THE SERVICES IN ANY MANNER, CLICKING "I ACCEPT" BELOW, DOWNLOADING ANY APPLICATION INTEGRATED WITH Pinecone'S SDK, OR REGISTERING FOR OR PARTICIPATING IN ANY COMPETITIONS, YOU AGREE TO THE FOLLOWING: (1)ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF SERVICE AS WELL AS ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE ("Rules") IN THEIR ENTIRETY (these Terms and Conditions of Service, the terms of any policy incorporated herein, and the Rules are collectively referred to as the "Terms"). (2) AGREE TO THE TERMS; (3) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS.
1.1 For U.S. You must meet the following requirements to register an Account, participate in any Competition, receive Services, and/or download Software: 1) You must be at least 18 years old. 2) Be physically located in a United States state where participation in the Competition you choose is not limited by state regulations; 3) Be legally and financially liable for all activities taken while using or accessing our software, including those taken by anyone you give access to your account. 4) Certify that you have reached the legal age of majority, that you understand and accept the terms of this agreement (including its dispute resolution terms). If you are under the age of majority, you must have your parent or legal guardian sign this agreement.
1.2 Non-U.S. You must meet the following requirements to register an Account, participate in any Competition, receive Services, and/or download Software: 1) You must be at least 18 years old. 2) Be physically present in a jurisdiction where competing in a competition is permitted and unconstrained by the laws of that state or country; 3) Be legally and financially liable for all activities taken while using or accessing our software, including those taken by anyone you give access to your account. 4) Certify that you have reached the legal age of majority, that you understand and accept the terms of this agreement (including its dispute resolution terms). If you are under the age of majority, you must have your parent or legal guardian sign this agreement.
You will be asked to supply personal information as part of the registration or login process and to create an account ("Account") in order to use the Services or utilize certain features of the Services, such as your name, age, address, telephone number, and email address. It is not possible to transfer your account to another person. You represent and warrant that all information you give to Pinecone is true, accurate, legal, valid, and complete, and that you will supply us with updated information as soon as possible. All payments you make at Pinecone must be made using your own payment information. If you provide any incomplete/inaccurate information, or use someone else's payment information, or if you fail to update and maintain current, complete, and accurate information, your Account may be immediately terminated, and all rewards or Winnings forfeited. You represent and warrant that you have the legal capacity to agree to these Terms, register an Account, and participate in any tournament or service offered by or through Pinecone when you register an Account. We also advise you to keep your password private and not share it with anybody else. You must immediately alert us if you discover any unauthorized use of your password or identification. You are responsible for all activities that occur under your Account, with or without your knowledge, as long as these Terms are followed. We have the right to assume that any offers or payments made through your Account are from you. You agree to secure your password in the same way that you would protect your online banking system's password or other access details, and any failure to do so is at your exclusive risk and expense. All profits originating from your Account are solely for your benefit. Prizes, winnings, or other forms of value (including, but not limited to, virtual goods, virtual currency, or digital trophies) ("Winnings"), as well as any Digital Assets (as defined below), cannot or will not be transferred to another person or Account. We reserve the right to investigate and confirm the Account holders' identities. We may ask for proof of an Account holder's identification and residency if it is deemed essential, such as copies of the Account holder's driver's license, national identity card, passport, bank statements, or utility bills.
All charges, deposits, and withdrawals made under your Account, including any unlawful charges, deposits, or withdrawals, are solely your responsibility and liability.
To verify your Eligibility and as a part of the services, we will collect your personal location data. You can disable this access via the settings within the software.
We may (i) alter, stop, or terminate your access to the Services for any or no reason, and (ii) interrupt the Services as needed to perform maintenance, error correction, or other work, with or without notice to you. We may, in our sole discretion, terminate or disable your user name, password, Account, or your access to any component of the Services at any time, including if we believe you are in violation of or will be in violation of any section of these Terms. Furthermore, and without limiting our other rights or remedies, if you break these Terms or we suspect you have broken these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged, or recouped by us. We may, at our discretion, provide technical support for our Services from time to time. Such technical assistance may need our gaining remote access to your computer or device without your knowledge. You hereby give your permission for these actions. You recognize and agree that any Service designated by us as a beta version ("Beta Service") may contain more or fewer features than the final release of the Service. We reserve the right to not release a final version of a Beta Service or to change its features, specifications, capabilities, functions, licensing conditions, release dates, general availability, or other characteristics at our sole discretion. Beta Services may not be suitable for production usage and may contain faults that prevent them from functioning properly.
Links to third-party websites, information, or services ("Third Party Sites") may or may not be obvious on the Services. Any links to Third Party Sites do not imply that the information, product, or service supplied on or accessed through such Third Party Sites is endorsed. We are not responsible for the accuracy, offensiveness, viewpoints, reliability, privacy practices, or other policies of or contained in any Third-Party Sites, nor for the performance, services, or material provided via those Third-Party Sites. You do so at your own risk if you leave the Services and access Third Party Sites, or if you use or install any third-party programs, software, or content, and you should be aware that our Terms no longer apply.
4.1 Legal Game
You realize that accessing Pinecone or participating in any of Pinecone's tournaments and competitions may be prohibited in some jurisdictions ("Restricted Jurisdiction"). All applicable laws, rules, and regulations of the state, federal, or municipal jurisdiction in which you reside, access Pinecone, or receive Services ("Applicable Laws") apply to you. You will be completely responsible for ensuring that all applicable laws are followed.
Pinecone DOES NOT MAKE OR AUTHORIZE ANY THIRD PARTY TO MAKE AND IS NOT ABLE TO MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE LEGALITY OF YOUR ACCESS TO PINECONE OR YOUR PARTICIPATION IN ANY OF THE TOURNAMENTS OR COMPETITIONS PROVIDED IN PINECONE. We may ask you to show us confirmation that you are eligible to access Pinecone and compete in any tournaments or contests that are offered in accordance with these Terms. Pinecone has the right, but not the obligation, to monitor the location from which you access our goods, and we are not responsible for its effectiveness. If: (i) you are located in a jurisdiction where your access to our products or participation in any tournaments and competitions provided by Pinecone is illegal or restricted under Applicable Laws; (ii) proxy servers or any other method is intentionally used to conceal your true location; or (iii) we cannot accurately verify your location, Pinecone may refuse or block your access to our products at our sole discretion. We DO NOT offer games requiring a cash entry fee ("Cash Competitions") to you if you access Pinecone from the state of Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, Tennessee, and Vermont of the United States and Puerto Rico. We DO NOT offer card game Cash Competitions if you reside in, or access Pinecone from the state of Indiana or Maine of the United States. We ONLY offer limited types of tournaments to you if you access Pinecone from the state of Arizona and Florida of the United States. If you register an Account or participate in any tournament offered by Pinecone in a Restricted Jurisdiction in violation of these Terms, we may (i) terminate or suspend your Account, (ii) void all Winnings, Game Credits, and/or Deposit Credits (if any) in your Account, and/or (iii) recoup such Winnings if such Winnings have been withdrawn by you, without prejudice to any other rights or remedies available to Pinecone.
SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS.
4.2 Cheating, Fraud, and Abuse.
When participating in any tournament or competition using our Apps or Services, it is prohibited to engage in any activities that may unfairly alter your chance of winning or constitute fraudulent behavior ("Fraud"). Examples of Fraud include, but are not limited to: (i) creating and/or using multiple accounts; (ii) utilizing unauthorized or modified software or hardware to gain an advantage (e.g., the use of bots, bot nets, jailbroken or rooted devices, collaborating with bots and/or cheating programs such as debuggers, clock-skewing software, and memory scanners); (iii) deliberately playing poorly to gain a competitive advantage; (iv) colluding with other players (e.g., deliberately losing rematches in Cash Competitions); (v) transferring money between accounts intentionally (e.g., money laundering); (vi) harassing other participants; (vii) swindling gifts of deposit; and (viii) posting objectionable materials.
We reserve the right to take appropriate action if any Fraud is detected, which may include: (i) terminating your account and denying access to our Services; (ii) invalidating and forfeiting any potential winnings; (iii) recovering any winnings received by you; (iv) pursuing legal action, civil and/or criminal penalties against you and/or any accomplices involved in fraudulent activities; and/or (v) disclosing or reporting any money laundering or similar illegal activities to relevant law enforcement authorities.
You acknowledge that any content you publish through the Service is done so with the help of Pinecone's technology and resources. You acknowledge that you are publishing such content voluntarily, and you represent that you own it, that you have all necessary rights to publish it, and that the content is published in accordance with all applicable laws. You acknowledge and agree that without Pinecone's explicit prior written consent, you may not distribute, sell, transfer, or license this content and/or application in any way, in any nation, on any social network, or in any other media. You authorize Pinecone to act as your agent as the Service's operator on your behalf. Any communications, messages, posts, comments, chats, images, sounds, and all other material, data, text, graphics, photographs, videos, location information, or other content, and their selection and arrangement, uploaded or transmitted by any user through a Pinecone game, or any other Communication Channel (as defined below), including, but not limited to, your name, profile picture, voice, likeness, biographical information, and game records ("User C") (as further detailed below). You are solely responsible for any text, graphics, pictures, files, or other User Content that you upload, post, or otherwise transmit over the Service, and you acknowledge that you may be held liable for any User Content that you upload, post, or otherwise transmit via the Service. Pinecone will not be held liable for any of the above-mentioned content, and will not be held liable for monitoring the Service for inappropriate or unlawful content or behaviour. We have the right to put a restriction on the amount of User Content you can store on, through, or in connection with the Service.
You hereby grant Pinecone and its affiliates a global, fully paid-up and royalty-free, non-exclusive, unrestricted, unconditional, unlimited license (except as indicated below: including the right to sublicense, transfer, and assign to third parties, as well as the right to copy, print, archive, store, cache, or otherwise exploit in any way, create derivative works from, manufacture, introduce into circulation, sell, license, transfer, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice in any way You are not entitled to receive credit, approval, or pay for any such use of the User Content you may contribute. You hereby waive any moral rights you may have in any User Content to the extent permitted by relevant laws (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). Unless your User Content has been shared with others and they have not deleted it, the license you grant us to use User Content (except any content you submit in response to Pinecone promotions and competitions or any other content specifically solicited by Pinecone) ends when you delete your User Content or close your Account. You acknowledge and accept, however, that deleted content may remain in backup copies for a reasonable period of time. By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission is (i) accurate and non-confidential; (ii) not in violation of any applicable laws, contractual restrictions, or other third-party rights, and that you have the permission of any third-party whose personal information or intellectual property is contained in the User Content; and (iii) not in violation of any applicable laws, contractual restrictions, or other third-party rights. (iv) you understand and agree that any of your personal information contained in such content will be processed by Pinecone in accordance with its Privacy Notice at all times. You further agree that User Content shall not contain any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or any indicia invading a User's privacy. Furthermore, none of the following shall be included in User Content:
Comments or other items that are sexually explicit or provocative, or that exploit individuals sexually or violently; Violent or insulting remarks or materials directed towards any ethnic, racial, gender, or religious group; Harassing or advocating the harassment of another individual in comments or other materials; Comments or other materials that advocate the illegal use of alcohol, narcotics, or tobacco, firearms/weapons, or any other illegal activity; False or misleading comments or other materials, or conduct that is abusive, threatening, obscene, defamatory, or libelous; or Comments or other materials that infringe on any party's trademark, trade secret, copyright, or other proprietary rights. You agree that we are not liable for any User Content that you publish in connection with any part of the Service. We are just providing our users with access to the Service and User Content as a convenience, to be utilized in line with these Terms. Other users are solely responsible for any User Content they submit, including, but not limited to, the reliability, accuracy, and truthfulness of such User Content. Similarly, we have no control over whether such User Content is offensive, unpleasant, or otherwise undesirable to other users, and we expressly disclaim all liability for any User Content. When accessing User Content in the Service and taking any actions based on such User Content, you should exercise appropriate discretion, good judgment, and prudence, just as you would when viewing content in any other setting. As a result, you will be responsible for all risks associated with any User Content you access or use. Pinecone has no control over User Content and makes no claims or warranties about the accuracy, quality, or integrity of any User Content provided on the Service. You recognize and accept that by using the Service, you may be exposed to material that you find offensive or objectionable. You acknowledge that Pinecone is not responsible or liable in any way for any User Content, including, but not limited to, any errors in User Content, any loss or damage caused as a result of using the User Content, or any failure to or delay in removing User Content.
All fees and payments for Services ("Fees") charged to your Account must be paid. All payments must be made in US dollars, are non-refundable, and must be done in advance. We have the right to alter the price of Services at any time without impacting previous purchases. You must have permission to use the payment method you choose, and any payment information you submit must be genuine and accurate. When you provide a payment method, you authorize us to charge you for the Services and any paid feature of the Services that you choose to sign up for using that payment method.
We have the right to change our charging practices at any time, with or without notice to you. At our discretion, we may bill you (i) in advance; (ii) at the time of purchase; or (iii) immediately after purchase. If we make a mistake on your bill, you must notify us within 120 days of the first appearance of the problem on your account. The charge will then be investigated as soon as possible. We will not be liable for any losses resulting from the error if you do not notify us within that time period, and we will not be compelled to remedy the problem or issue a refund. If a billing error is discovered, we will fix it within 90 days.
If you are a Cash Player, then you may be granted bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Service. When you enter a Cash Competition, US $0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition for every US $0.10 (ten U.S. cents) spent on the Cash Competition entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if Bonus Funds are the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your Account, you will forfeit all Bonus Funds currently in your Account. If you do not enter a Cash Competition within a continuous 60-day time period, all Bonus Funds in your account will be forfeited.
You may request a withdrawal of dollars from your available Account balance at any moment if you are a "Cash Player." Users can request checks or PayPal withdrawals. Withdrawal requests may take up to 15 days to process, depending on Pinecone's confirmation of funds availability. Pinecone reserves the right to suspend a user's Account and/or postpone a withdrawal request pending the outcome of any investigation into reported or suspected misuse by a user requesting funds withdrawal. Any withdrawal must be at least US$10.00 (unless when your account is cancelled). If your account is cancelled, the remaining monies in your account at the time of closing will be reimbursed to you, subject to Pinecone's right to freeze a user's account, delay a withdrawal request, or declare funds forfeited due to your Fraud. If you withdraw monies from your account, you will lose all Bonus Cash that is currently in your account.
When submitting a withdrawal application, you should provide valid information as follows:
1) Your legal name;
2) Your current address(specified to house number);
3) Your phone number;
4) Your contact email;
5) Your zip code / postal code;
6) Your PayPal account;
7) Your account number and routing number.
Please make sure to provide real and valid withdrawal information, We may authenticate your identity via third party services including but not limited to age verification, id verification, etc. Pinecone reserve the right to reject your withdrawal application if the information are inaccurate.
Any cash deposit made to your account will be credited to your account with fewer service fees to cover the costs of the transaction; the service fee consists of two parts: processing fee and transaction fee. The processing fee is a fixed fee for transactions. Withdrawals without a tax-free quota are subject to a service fee consisting of a $1.50 processing fee and a transaction fee of 15% of the withdrawal amount. The minimum withdrawal is $10.00. The transaction fee for each deposit equals 15% of the amount deposited into your account, which must be prepaid while submitting withdrawal applications. When 50% of the income sent into your account is used to pay Entry Fees for games in the Pinecone app, however, the transaction fee is waived.
We will not grant you any refunds unless otherwise required by law.
When you obtain Winnings, you may be asked to produce proof that you are, or were at the time of your participation, entitled to participate in the subject competition in accordance with these Terms, and that you did so. You will not receive the applicable Winnings if you fail to furnish us with such proof to our reasonable satisfaction. We reserve the right to reverse or require the return of any payment received in error by you, and you agree to cooperate with us in this regard. We may also, without notice, reduce your payment to you to make up for any earlier overpayment.
You represent to us that you are the authorized user of the credit card when you pay by credit card. You must contact us immediately if your credit card account number, expiration date, or billing address changes, or if your credit card expires or is canceled for any reason. We are not responsible for any losses incurred as a result of a third-unauthorized party's use of your credit card or other payment methods (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in the immediate termination of your Account, forfeiture of Winnings, and civil and/or criminal prosecution.
Bonus cash and/or credits ("Bonus Cash") may be awarded to a Cash Player. Bonus Cash can only be used to enter Cash Competitions and cannot be used for anything else. When you enter a Cash Competition, you will receive US$0.01 in Bonus Cash for every US$0.10 you spend on the Cash Competition entry cost. Additional Bonus Cash will be used to enter Cash Competitions if Bonus Cash is the only currency available in your account. If you win a Cash Competition, any Bonus Cash you used to pay the entry cost will be reimbursed to you, and any prizes over your entry fee will be paid in US Dollars.
If your Winnings total $600 or more in any calendar year, we, as agents for our developer partners, may send you an IRS Form W-9 and 1099-MISC or other applicable forms if you are a U.S. resident. We may also send you supplementary federal or state tax forms, depending on your state of residence. Without limiting the foregoing, we may withhold any amount required to be withheld by Applicable Laws from your existing Account balance and/or future Winnings, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state, and other taxes in accordance with all Applicable Laws.
All copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, tales, dialog, settings, artwork, sounds effects, musical works, and moral rights remain with us. The Software is protected by copyright and trademark laws in the United States, as well as other applicable laws and treaties around the world. Without prior written consent from We, the Software may not be copied, reproduced, edited, modified, or distributed in any manner or medium, in whole or in part.Anyone who copies, reproduces, or distributes all or part of the Software in any form or medium will be breaking copyright laws and may face civil and criminal consequences in the United States or their home country.
The Digital Millennium Copyright Act (DMCA) gives copyright owners who think their rights under US copyright law have been infringed by acts of third parties on the Internet tools to fight back. If you feel that your copyrighted work has been copied without your permission and is available in the Services in a way that may constitute copyright infringement, please contact the designated agent specified below to file a claim. The following information must be included in your notice for it to be effective:
1, A physical or electronic signature of someone authorized to act on behalf of the owner of the allegedly infringed intellectual property right;
2, a description of the allegedly infringed copyrighted work;
3, a description of where the allegedly illegal material is placed in this game; Information sufficiently sufficient to enable us to contact the complaining party, such as the complaining person's address, phone number, and, if available, an e-mail address;
4, a statement from you stating that you believe the disputed use is not authorized by the copyright owner, its agent, or the law; and
5, A statement under penalty of perjury that the information in the notification is correct and that the complaining party is authorized to act on behalf of the owner of the allegedly infringed exclusive right.
These Terms apply to you and us from the time you accept them as stated above until your Account is terminated (whether by deactivation, cancellation, closure, expiration, or termination by you or us). By navigating to your Account homepage and following the account closure process, you can terminate these Terms at any time and for any reason. When your Account is terminated, you must immediately stop using the Services and the Software, as well as uninstall and delete all copies of the Software. All licenses and rights granted to you under these Terms automatically end upon the termination of your Account, and you forfeit the right to use Digital Assets. Any termination of these Terms will not relieve you of your responsibility to pay accumulated Fees. Any and all terms and conditions contained in these Terms that, by their nature, should survive termination of these Terms will do so.
We attempt to keep Services up and running in collaboration with our developer partners; but, all online services have periodic disruptions and outages, and we are not responsible or liable for any disruption or loss you may experience as a result. Content that you store on the Services should be backed up on a regular basis. ALL SERVICES, PRODUCTS, INFORMATION, AND DATA PROVIDED OR MADE AVAILABLE BY US OR OUR DEVELOPER PARTNERS (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE PROVIDED OR MADE AVAILABLE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE, AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SAME WILL WORK PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM. We are not responsible or liable for any damage, loss, or injury caused by, relating to, or arising from use, access, or attempted use or access of Services, Digital Assets, the Software, or the Website; downloading any information from the Software, Services, or Website; and/or other users' violations of these Terms. We are not obligated to enforce these terms for the benefit of any particular user. Because implied guarantees are not permitted in some places, the above disclaimer may not apply to you in its whole.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE OR OUR DEVELOPER PARTNERS, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
INDIVIDUAL ARBITRATION WITH BINDING RESULTS - PLEASE READ THIS SECTION CAREFULLY. IT COULD CHANGE YOUR RIGHTS SIGNIFICANTLY, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Disqualifications from Arbitration. You and the Company agree that any claim brought in small claims court on an individual basis by You or the Company will not be subject to the arbitration conditions set out in this Section. Furthermore, the Company or You shall have the right to seek an injunction against you in court to maintain the status quo while the arbitration is being conducted.
Waiver of Class Actions. THESE ARBITRATION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. In connection with any Dispute, neither You nor the Company shall have the right to join or consolidate disputes with or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or as a private attorney general. Furthermore, the arbitrator may not combine more than one person's claim unless both You and the Company agree. The arbitrator may grant any individual relief or remedy permissible by law, but only to the extent permitted by law, the arbitrator may not grant relief against the Company in respect of anybody other than You.
Notification of a Dispute. If you have a disagreement with the Company, you must give writing notification to Pinecone ADDRESS so that the Company can attempt to resolve the problem informally through negotiation. The notification must be given within two (2) years of the Dispute arising, but not later than the date on which the initiation of legal action would be precluded under the applicable statute of limitations. All claims will be barred if notice is not given in a timely manner. If the Company has a disagreement with You, it will send notification to the address it has on file for you, if that is possible. You and the Company agree to negotiate in good faith for at least 30 days after receiving notice of the Dispute. If the Dispute is not resolved within 30 days of receiving notice of the Dispute, either the Company or You may pursue the claim in arbitration as set forth in this section.
The arbitration will be conducted under the United States Federal Arbitration Act and federal arbitration law by Judicial Arbitration Mediation Services, Inc. ("JAMS"), in accordance with the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate.
If you live outside of the United States, the arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) in accordance with UNCITRAL rules, and the arbitration will be conducted in English, with the English version of these Terms (and not any translation) controlling, and both parties hereby agree to give this arbitration agreement the broadest scope permissible under applicable Laws, and that the arbitration will be conducted in English. The arbitrator has the authority to award you the same damages as a court would. The arbitrator may only grant declaratory or injunctive relief to you and only to the degree necessary to resolve your specific claim. These Terms apply to the degree that they clash with the commercial norms of the arbitrators. The arbitrator has the authority to award compensatory damages, but not non-economic damages such as emotional anguish, pain, and suffering, or punitive, indirect, incidental, or consequential damages. Each party is responsible for its own attorneys' fees, costs, and disbursements arising from the arbitration, as well as an equal share of the arbitrator's and AAA's fees and costs; however, the arbitrator may award reimbursement of the prevailing party's reasonable attorneys' fees and costs (including, for example, expert witness fees and travel expenses), as well as the arbitrator's fees and costs. The arbitrator must provide a written award and a written statement of judgment within fifteen (15) calendar days of the arbitration's conclusion, detailing the material factual findings and conclusions on which the award is based, as well as the calculation of any damages awarded. Any court of competent jurisdiction can make a decision on the award. Except for purposes of (i) recognition and/or enforcement of the arbitral award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, and (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, the parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder. (iv) asking the attendance of witnesses and/or experts, and/or (v) requesting the production of any information or material discovered. You understand that by agreeing to this binding arbitration provision, you are waiving certain rights and protections that would otherwise be available if a claim or Dispute were resolved in court, including, without limitation, the right to seek or obtain certain types of damages, the right to a jury trial, certain rights of appeal, and the right to bring a claim as a class member in any purported class or representative precluded by this arbitration provision.
These Terms replace all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written, between you and us with respect to the subject matter hereof. You are not permitted to modify these Terms, and we may only do so in accordance with the provisions set forth above. Our omission to insist on strict compliance with any term of these Terms or to exercise any right under them shall not be regarded as a waiver or relinquishment of our right to claim or rely on such provision or right in the future. These Terms are intended to be severable in nature. If any provision of these Terms is found to be invalid or unenforceable in whole or in part by a court of competent jurisdiction, such provision shall be ineffective in that jurisdiction to the extent of such determination of invalidity or unenforceability, without affecting the validity or enforceability of such provision in any other manner or jurisdiction, and without affecting the remaining provisions of the Terms, which shall remain in full force and effect. The section headings in these Terms are merely for convenience and have no legal significance. No claim or remedy of ours, whether at law or in equity, shall be exclusive of any other, including but not limited to damages, injunctive relief, attorneys' fees, and expenses. We reserve the right to assign these Terms in whole or in part, without notice to you, at any time. You may not assign or transfer any rights to use the Services or Software under these Terms. You agree that we may send you notices about the Services or other information that the law allows us to send to the email address you provided when you registered your Account. Notices emailed to you will be regarded given and received when the email is sent. You must terminate your Account if you do not want to receive notices online. These Terms are only for the benefit of you and us, and not for the benefit of anyone else, save our successors and assigns. In judicial or administrative proceedings based on or relating to these Terms, a printed version of these Terms and any notice given in electronic form will be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please send any concerns or comments (including all enquire unrelated to copyright infringement) to Customer Support, Pinecone ADDRESS: email@example.com.