PIKPOK TERMS OF USE

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PIKPOK TERMS OF USE

(Last Updated: 15 August 2024)

Prodigy Design Limited, trading as PikPok (“PikPok”) provides interactive software products (“Games”) via online services and Digital Storefronts such as Apple iTunes App Store, Apple Mac App Store, Google Play Store, Facebook, Steam, Oculus Rift Store, Bandcamp, Zazzle, Amazon Appstore for Android, Samsung Appstore, PlayStation Network, Nintendo Switch, Xbox Live Arcade and OnLive, and various websites and their subdomains owned and operated by PikPok including but not limited to (our “Sites”) to provide access to information about PikPok, the Games and Products, message boards, head-to-head match play or provide technical support to users. Please read the following terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of our Games, Products, Sites, and Content (defined below) and set forth the legally binding terms for your use of the Games, Products, Sites, and Content.
BY ACCESSING OR USING OUR SITES OR BY PURCHASING, DOWNLOADING AND/OR INSTALLING A GAME OR PRODUCT, AS APPLICABLE, YOU AGREE AND UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SITES, GAMES, PRODUCTS OR CONTENT. Additional terms and conditions set forth in the applicable End User License Agreement may apply to your use of the Sites, Game or Product and such terms along with these Terms of Use shall apply. In case of any conflict between any term contained within an End User License Agreement and these Terms of Use, such End User License Agreement shall control. We reserve the right to amend these Terms of Use in any and all respects at any time.

You may only access the Games through your own PikPokPlus game profile. You understand, acknowledge, and agree that you will be responsible for any actions taken in your PikPokPlus game profile and on the Games using your access credentials, whether or not such actions have been authorized by you. In accordance with our Privacy Policy, PikPokPlus stores your Game profile for Game operation and your optional use across multiple devices. Users do not own their PikPokPlus game profile. Selling, gifting or otherwise transferring your PikPokPlus game profile or your access credentials to another user is strictly prohibited. Similarly, purchasing another user’s PikPokPlus game profile or access credentials is strictly prohibited.
We reserve the right to modify or discontinue the Sites, Games, Products or Content in any and all respects. You agree to check periodically for new information and terms that govern your use of our services. Revisions to terms affecting existing services shall be effective thirty (30) days after posting at . Terms for new services are effective immediately upon posting at .

Certain Definitions
Certain types of content are made available through the Sites and/or Games and Products. “Content” includes, but is not limited to, software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, hypertext links, e-mails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audiovisual or other material appearing on or emanating to and/or from the Sites, Games or Products, including their look and feel attributes, as well as the design and appearance of the Sites, the PikPok trademarks and logos and other content made available through the Sites, Games and Products. “User Content” means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by users to the Sites, Games or Products, including through use of any widget. “Sensitive Information” means any personal information related to your health or sex life, genetic or biometric data, race, ethnicity, political views, religion, professional status, philosophical view, and trade or union affiliation.

Intellectual Property Rights
The Sites, Games, Products and Content are owned by PikPok or PikPok’s third-party licensors and are protected by New Zealand and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized by us in writing to do so. You do not acquire any ownership rights in our Sites, Games, Products or Content by using the Sites, Games, Products or Content under these Terms of Use.
You agree not to remove, obscure, or alter any copyright, patent, trademark, or other proprietary rights notices affixed to the Content, Games or Products. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of or access to the Games, Products or Content. We reserve all rights in and to our Sites, Games, Products and Content that are not expressly granted to you in these Terms of Use. Making unauthorized copies of Games, Products and/or Content found on the Sites may result in the termination of your access to and use of the Sites, Games and Products and further legal action. We, or our licensors, may pursue criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold us harmless from any unauthorized or illegal conduct by you, or through your use of the Sites, Games or Products.

User Comments and Feedback
Our Sites, Games, and Products offer various opportunities to interact and share information, Sensitive Information, including your opinions and thoughts with us and other users in Game or via forums, social media pages (including Discord, Facebook, Twitter, and Instagram), digital storefronts operated by or through which our Games are published (“Digital Storefronts”), or via other initiatives. Opinions or views expressed, or statements made in those instances (other than by our employees, officers, or authorized agents) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of PikPok.
We do not review, edit or modify User Comments prior to their publication. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting these Terms of Use, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.
You retain ownership in your User Comments and any intellectual property rights contained therein, provided such User Comments do not contain Feedback (as defined below). We may from time to time publicly share or redistribute User Comments on our Sites, or through other community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of PikPok and its Games.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Sites, Products and Content (“Feedback”). You may submit Feedback via the Contact section of the PikPok website, through which you can also view the Support FAQ and contact the Customer Support team directly. By doing so, you acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to PikPok and agree to irrevocably assign to PikPok all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you further agree to execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain PikPok’s intellectual property rights and other legal protections for the Feedback.

Refunds
Refunds for purchases made with respect to the Games are considered in PikPok’s sole discretion on a case-by-case basis and in all instances subject to the applicable Digital Storefront’s return/refund policy. Notwithstanding the foregoing, PikPok does not provide refunds for spent in-Game items or consumable purchases, and in-Game currency. Once these items have been used, they cannot be refunded. You may inquire about a possible refund of your purchase via the Contact section of the PikPok website.

Contributing Third Party Content
We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Sites, Games or Products. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless: (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third party. If you are an infringer of our, or a third party’s, intellectual property rights, we may terminate your access to and use of the Sites, Games or Product without notice to you. If your access is terminated to the Sites, Games or Products as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid to us.

Infringements
To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Content. However, we have adopted and implemented a policy consistent with the U.S. Digital Millennium Copyright Act of 1998 whereby we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Content or other materials located in our Game or on our Sites or other channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site, Game, Product, or channel under our direct control, including a verifiable link to the material;
Your name, address, telephone number, and email address;
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 is not a permissible “fair use” of your work; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.

The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at:
Andy Macoy
Prodigy Design Limited
Level 6
57 Willis Street
Wellington, 6011
New Zealand
Phone: +6449789400

Email:

If you believe your User Content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:

Your physical or electronic signature;
Your name, address, and phone number;
Identification of the material and its location before it was removed;
A statement under penalty of perjury that the material was removed by mistake or misidentification;
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
Your consent to accept service of process from the party who submitted the takedown notice.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by PikPok in connection with the written notification and allegation of copyright infringement.

Contributing User Content; License Grant to PikPok
When you contribute User Content to the Sites, a Game or Product, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.

Fan Content Policy
We are grateful for the interest generated by our Games and encourage fans to create and share creative material involving our Games. At the same time, we also invest a lot of time, effort, and resources into creating our intellectual property and must protect it. In general, use of our Games, Content, artwork, videos, music, characters, logos, and other intellectual property (“PikPok Asset(s)”) without our permission is illegal and a violation of our rights.

This Fan Content Policy (the “Policy”) sets out guidelines for individual fans to create personal, non-commercial, fan art (such as artwork, photographs, videos, and other creative materials) that is based on PikPok Assets; and PikPok Asset-related websites, including the Sites, and apps that are freely accessible to the public (collectively, “Fan Content”).

Please read this Policy carefully before creating any Fan Content and check back frequently for updates as we reserve the right to modify the Policy at any time by posting the revised Policy to the PikPok website, or to eliminate this Policy in its entirety. Your use of the PikPok Assets is at your own risk, and we do not offer any warranties. Failure to comply with any of the terms contained in this Policy may result in our utilizing legal remedies to enforce our rights, including issuing takedown notices to service providers.

Section 1 – Guidelines for Fan Content
1.1 You may create Fan Content based on PikPok Assets so long as you comply with this Policy. Any Fan Content that violates this Policy is strictly prohibited.

1.2 This Policy applies only to PikPok Assets that you access pursuant to PikPok’s Terms of Use, End User License Agreements, and/or other agreements you have with PikPok.

1.3 PikPok, in its sole discretion, can revoke your limited permission to create Fan Content at any time and for any reason, with or without warning.

1.4 Your Fan Content must comply with applicable law, may not violate the rights of others, and must not be obscene, sexually explicit, defamatory, offensive, objectionable, or harmful to others.

1.5 You may not use your Fan Content for any commercial purpose. This includes charging others a fee of any kind to view, access, download, or consume your Fan Content, or to help sell other products or services. As an exception, you are permitted to monetize web videos via advertising through platform-operated programs on YouTube, Twitch, and other similar online services, provided that your Fan Content otherwise meets the requirements of this Policy and the rules of the platform you use to share your Fan Content.

1.6 You may not use PikPok Assets in any manner that is derogatory to PikPok or that may damage the value, reputation, or goodwill of PikPok or its products or brands (solely as determined by PikPok).

1.7 You may not say nor imply that your Fan Content is endorsed or approved by PikPok.

1.8 You must make expressly clear that your Fan Content is unofficial, fan-made, and in no way affiliated with PikPok by including the following disclaimer or a similar notice on or in connection with your Fan Content, “PikPok is not affiliated with this content nor has it endorsed, sponsored, or specifically approved it. For more information, see PikPok’s Fan Content Policy: This disclaimer must be in a font legible to end users. Without it, individuals could be directed to misinformation, make purchases, or even provide personal information on the false impression of your Fan Content being official.

1.9 You may not use our trademarks (e.g., Game titles and the name “PikPok”) other than to describe the fact that your Fan Content is about one of our Games. Use of the PikPok logos is strictly prohibited.

1.10 You may not use any Fan Content to create or use social media or other accounts that could be mistaken for official PikPok accounts; or register or use domain names, logos, or marks that are similar to the PikPok domain names, logos, or marks.

1.11 Your Fan Content may not include information or links to any website that promotes or exploits cheats or hacks to PikPok’s Games or any other games.

Section 2 – Our Use of Fan Content
We reserve the right to use your Fan Content without compensation or any obligation to you — for example, in our Games, in our online channels, or for marketing activities. In doing so, we may modify your Fan Content as we see fit and in our sole discretion.

Section 3 – Non-Disclosure and Feedback
You may not disclose any information you receive from us regarding any PikPok Assets or content that has not yet been published by PikPok. We may use any Feedback, information, or suggestions you provide to us without compensation or any obligation to you.

Section 4 – Additional Guidelines
Your use of any PikPok Asset remains subject to PikPok’s Terms of Use, End User License Agreements, and other agreements you may have with PikPok regarding the Sites, Games, and other materials from which you access the PikPok Assets. This means, among other things, that you cannot modify any of our Games without permission and you cannot copy, reverse engineer, distribute, or do anything else with the Game software that would breach the applicable End User License or Terms of Use. Those agreements also include important legal terms (such as limitations of liability, disclaimers of warranties, and dispute resolution procedures), so please review those agreements carefully before creating any Fan Content.

Section 5 – Reservation of Rights; Enforcement
PikPok reserves the right to take legal action against you for your misuse of PikPok Assets.

Third-Party Services
The Sites, Content, and Games and Products may contain or link to third-party websites or resources (“Third-Party Services”). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Third-Party Services; or (ii) the content, products, or services on or available from such websites or resources (“Third-Party Materials”). Links to such Third-Party Services do not imply any endorsement by us of such Third-Party Services or Third-Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sources or Third-Party Materials. Third-Party Services, Third-Party Materials and links to other websites are provided solely as a convenience to you.

Sweepstakes and Contests
We may operate sweepstakes, contests and similar promotions through the Sites, Games and Products (collectively, “Promotions”). You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

Privacy
Personal information gathered in connection with your use of the Sites, Game or Product, submitted with User Content, User Comments, Feedback or upon entry into Promotions shall be in compliance with our Privacy Policy, which is available at and incorporated herein by reference.
Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. We provide it to you separately because: 1) it is not an agreement to which you must consent in order to enjoy our Sites, Games and Products—instead, the Privacy Policy exists solely to communicate or practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy here: .
If you have any questions about our Privacy Policy, please contact us via the Contact section of the PikPok website. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Sites or Game or Product, you should consult that site’s privacy policy before providing any personal information.

Rules of Conduct
By agreeing to these Terms of Use you acknowledge that you may not:

Post, transmit, promote, or distribute User Content that is illegal.
Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
Transmit or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.
Disrupt the flow of chat in chat interfaces with vulgar language, abusiveness, causing the interface to scroll excessively, use of excessive shouting (typing in all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).
Impersonate another person (including celebrities), indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.
Engage in any commercial activities, including but not limited to any attempts to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or multi-tiered marketing scheme.
Share, gift, sell, or otherwise transfer your PikPokPlus game profile details or give any other user permission to use your PikPokPlus game profile for any reason.
Attempt to get a password, PikPokPlus game profile information, or other private information from any user.
Upload any software or User Content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. For clarity, “commercial activities” as used herein includes, but is not limited to, offers to perform in-Game services for other users in exchange for payment or any consideration outside of the Games.
Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
Modify any part of the Sites, Game, Product or Content that we do not specifically authorize you to modify.
Post or communicate any other player’s real-world personal information through the Games or Products.
Attempt to interfere with, hack into or decipher any transmissions to or from our servers.
Attempt to use Games or Products on or through any service that is not controlled or authorized by us.
Interfere with the ability of others to enjoy playing a Game or a Product or take actions that interfere with or increase the cost to provide Games and Products for the enjoyment of all its users.
Obtain or attempt to obtain any unfair advantage, procure in-game items and/or currency, or bypass any game system by exploiting a bug, design flaw, technical issue, or by any other method.
Violate any applicable law or regulation in connection with your use of the Games.

Third-Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Sites, Games or Products.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to us via the Contact section of the PikPok website.

Scheduled and Unscheduled Service Interruptions
The Sites, Games, and Products may occasionally be unavailable due to scheduled or emergency maintenance, either by PikPok, the Digital Storefronts, or Third-Party Services, or due to other factors beyond PikPok’s control. PikPok reserves the right to interrupt, modify (including, without limitation, adding or removing servers), update, suspend, cancel, or terminate the Sites, Games, and Products with or without prior notice for any reason. Updates may require you to update your system to continue playing the Game(s). You agree that neither PikPok nor its licensors, licensees, and/or service providers, if applicable, will be liable for any interruptions, delays, or failures of the Sites, Games, and Products. You understand that you will not be entitled to any refund or other compensation for any such interruption, delay, or failure in the operation of the Sites, Games, and Products.

Termination
We reserve the right to terminate your access and prevent your use of any and all Sites, Games and Products if you engage in illegal activity or violate these Terms of Use in our sole discretion and without reimbursement or refund to you, including with respect to any amounts paid on your account to Digital Storefronts prior to such termination. We retain the right to investigate and pursue violations of any of the above, including intellectual property rights infringement and Sites, Game and Product security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Sites, Games, Products or Content or to review or edit any User Content, but have the right to do so for the purpose of operating the Sites, Games and Products, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, User Content, or other content that we, in our sole discretion, consider to be in violation of these Terms of Use or otherwise harmful to the Sites, Games or Products.

NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES, GAMES, PRODUCTS AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, GAMES, PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITES, GAMES OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PIKPOK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, GAMES, PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, GAMES, PRODUCTS AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITES, GAMES, PRODUCTS AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITES, GAMES, PRODUCTS OR THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity
You agree to defend, indemnify, and hold PikPok and our employees, directors, representatives and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content, your access to or use of our Sites, Games, Products or Content, or your violation of these Terms of Use.

Injunctive Relief
You agree that a breach of these Terms of Use will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to seek and obtain equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security, or proof of damages.

Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of New Zealand without regard to its conflict of laws provisions. Any dispute, claim, disagreement or controversy arising out of or relating to this Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), shall be determined in accordance with this Section. You agree that, by accepting these Terms of Use, you and PikPok are each waiving the right to a trial by jury or to participate in a class action. In the event of a Dispute, you agree that such Dispute shall be resolved in the following manner:

First, by direct negotiation between you and our representative with authority to settle the Dispute. The party claiming that there is a Dispute must notify the other party in writing, giving full details of the claim and the specific relief sought (the “Dispute Notice”). Following receipt of the Dispute Notice, our representative shall attempt to contact you by e-mail or telephone to try to resolve the Dispute in good faith within thirty (30) days of receipt of the Dispute Notice. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If the Dispute is not resolved by the foregoing negotiations within thirty (30) days, then the Dispute shall be submitted to binding arbitration as follows: (i) if you are a resident of the United States, Canada or Mexico, in Los Angeles, California, under the auspices of JAMS and in accordance with the rules of JAMS’ Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms of Use, including Rules 16.1 and 16.2 of those Rules; or (ii) if you are a resident of a Member State of the European Union, in London, England, under the auspices of JAMS International, in accordance with the rules of JAMS’ Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms of Use, including Rules 16.1 and 16.2 of those Rules; or (iii) if you are a resident elsewhere, in Wellington, New Zealand, under the auspices of New Zealand Dispute Resolution Centre, and in each instance, excluding any rules or procedures governing or permitting class actions. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the rules of JAMS.
The arbitrator shall be appointed by JAMS or by New Zealand Dispute Resolution Centre, as applicable, in accordance with its rules. The arbitrator shall serve as neutral, independent and impartial arbitrator. The arbitrator shall be a retired judge or attorney with at least ten (10) years practice advising clients in the internet or e-commerce industry. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except for the initial filing fee if you file a Dispute, we will pay all other filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Dispute Notice is frivolous or brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b) or corollary statute under the laws of the European Union and New Zealand, as applicable), then the payment of all such fees will be governed by the JAMS or New Zealand Dispute Resolution Centre Rules, as applicable. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the applicable Rules. In any Dispute arising out of or related to these Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any Dispute arising out of or related to these Terms of Use, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND PIKPOK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Entire Agreement; Severability; Waiver
Except as otherwise provided in any applicable End User License Agreement, these Terms of Use constitute the entire and exclusive understanding and agreement between PikPok and you regarding the Sites, Games, Products and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between PikPok and you regarding the Sites, Games, Products and Content. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third-party. You also understand and agree that these Terms of Use and the Privacy Policy incorporated by reference into these Terms of Use, including our enforcement of those policies, 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 is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.

Notices
You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Sites, Games, Products or Content. Any notices or other communications permitted to be required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given (x) by us via email (in each case to the address that you provide) or (y) by posting to the Sites, Game or Product. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.