PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF MAJORITY (AS DEFINED HEREIN) IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.
Welcome to AMOTION Games (the “Website”). An online platform that allows you to become the main character with our motion-tracking software. This platform allows all players to join a new type of virtual universe that incorporates the fun of video games and exercise, so you won’t even know you are working up a sweat. Together we want to change the narrative that a video game is just a stationary activity. In order to accomplish this, we set out below the terms and conditions that you, a user, and AMOTION Games must follow, and are a legally binding agreement between you and us. This Website is owned and operated by AMOTION Games, a California partnership, which is located at 572 E. Foothill Blvd Apt #25, San Luis Obispo, CA, United States. If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact AMOTION Games by email at contact@AMOTIONGames.com.
Through this Website, you may get the latest updates on our newest AMOTION games, learn more about new services and products. We hope you will enjoy our Website and will visit us often. So that you may fully enjoy our Website, we would like you to be aware of the rules that will govern your use of the Website.
This User Agreement (the “User Agreement”) is a contract between you and AMOTION Games and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “AMOTION Games”, “we” or “our” refers to AMOTION Games, a California partnership, and its successors and assigns.
We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. If you do not agree to the amended User Agreement, you may not continue to access or use the Website. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period (as hereafter defined) at the time of amendment.
Our general Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.
While AMOTION Games may provide links to this Website and other websites owned and/or operated by AMOTION Games or unaffiliated third parties, these sites are not part of this Website, and each has a different user agreement. In addition, to the extent such linked websites are not owned or operated by affiliates of AMOTION Games these sites also have different policies with respect to the collection, use and disclosure of your personal information.
Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third-party websites to whom we provide links. AMOTION Games is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by AMOTION Games of the website linked to. AMOTION Games ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third-party websites. Furthermore, the trademarks used in connection with such third-party websites are not trademarks of AMOTION Games.
Certain products, services, information, and materials provided by AMOTION Games through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, “Public Materials”). Other products, services, information and materials provided by AMOTION Games through this Website, may require registration in order to be accessed and/or used by you (collectively, “Member Materials”). This User Agreement applies equally to the use and access of Public Materials and Member Materials.
We have put physical, electronic, and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.
The parties have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and AMOTION Games with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from AMOTION Games shall be the legal equivalent of written communications.
Unless marked otherwise, all products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable elements (collectively the “AMOTION Games Materials”) are the property of AMOTION Games.
This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this license is limited to the display of the AMOTION Games Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the AMOTION Games Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the AMOTION Games Materials in a manner that suggests an association with any of our products. You may not make any modifications to any AMOTION Games Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the AMOTION Games Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of AMOTION Games or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of AMOTION Games or its licensors.
If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. AMOTION Games keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
AMOTION Games has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. AMOTION Games may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer.TION Games shall be the legal equivalent of written communications.
Certain areas of this Website will permit you to send to AMOTION Games materials, information and other submissions. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to AMOTION Games or otherwise posted on this Website shall be deemed to be, and shall remain, the property of AMOTION Games. You shall be deemed to have irrevocably assigned in perpetuity to AMOTION Games free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, AMOTION Games shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to AMOTION Games, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. None of the User Content shall be subject to any obligation of confidence on the part of AMOTION Games, and AMOTION Games shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, AMOTION Games may, but is not obligated to, use and publish the User Content at this Website or elsewhere for purposes that include without limitation contest announcements, new or enhanced products or services, marketing and public relations.
You are responsible for all User Content posted by you. AMOTION Games HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. AMOTION Games does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions. However, AMOTION Games retains the right, but not the obligation, to review, edit or delete any User Content which AMOTION Games deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.
The Website is provided by AMOTION Games and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:
By purchasing a membership that renews, you acknowledge and agree that your membership will automatically renew and, unless you cancel your membership you hereby authorize us to charge the payment method associated with your Account for your membership renewal. We will notify you by email prior to each renewal of your membership that has a duration of 6 months or more. (We may also notify you prior to each renewal of your membership that has a shorter duration.) The period of the membership renewal and the cost of the membership renewal will be the same as your current membership period unless otherwise disclosed to you when you sign up for the membership. You can cancel your membership at any time by going to the billing tab of the account settings page on our website and clicking cancel membership. If you cancel your membership, you receive the remainder of your period of membership that you’ve already paid for. We hope you enjoy your membership.
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE AMOTION GAMES MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AMOTION GAMES GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.THE AMOTION GAMES GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE AMOTION GAMES MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH AMOTION GAMES’ CUSTOMER SERVICE DEPARTMENT OR A AMOTION GAMES REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, THE AMOTION GAMES GROUP DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE AMOTION GAMES GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE AMOTION GAMES MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY AMOTION GAMES MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE AMOTION GAMES MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE AMOTION GAMES GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE AMOTION GAMES GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE AMOTION GAMES MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE AMOTION GAMES GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, AMOTION GAMES IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AMOTION GAMES GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE AMOTION GAMES MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.
NOT WITH STANDING THE GENERALITY OF THE ABOVE, AMOTION GAMES DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY AMOTION GAMES NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF AMOTION GAMES.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE AMOTION GAMES GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE AMOTION GAMES GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ASTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH AMOTION GAMES IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
This Website is controlled, operated, hosted and served by AMOTION Games in California, US. AMOTION Games’s offices are located in California, US. If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This User Agreement shall be governed by and construed in accordance with the laws of California, and the laws of the United States, without giving effect to any principles of conflicts of law. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Superior Court of Justice or, for matters involving intellectual property, the Federal Court of United States, located in Washington DC,United States, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be English. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.
Dispute Resolution:
This Website is owned and operated by AMOTION Games, a California partnership, which is located at 572 E. Foothill Blvd Apt #25, San Luis Obispo, CA. If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact AMOTION Games by email at contact@AMOTIONGames.com. Should AMOTION Games be unable to resolve the issue, the following rules may apply to the dispute.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.
Mandatory Arbitration - YOU AND AMOTION GAMES AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR AMOTION GAMES MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR AMOTION GAMES MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (”NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: AMOTION GAMES, ATTN: GENERAL COUNSEL,572 E. FOOTHILL BLVD. APT #25, SAN LUIS OBISPO, CA. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE SAN LUIS OBISPO, CA, UNITED STATES.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES. YOU AND AMOTION GAMES FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.
Waiver of Jury Trial and Class Actions - BY ENTERING INTO THIS USER AGREEMENT, YOU AND AMOTION GAMES ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND AMOTION GAMES BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD 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. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND AMOTION GAMES BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
This User Agreement and our Privacy Policy contain the entire understanding between you and AMOTION Games in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and AMOTION Games with respect to your access and use of this Website. If any provision of this User Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement. User Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and AMOTION Games other than that of independent contractors. This User Agreement may not be assigned by you.
Effective Date: 9/17/2021
