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SKETCH HOUSE GAMES
MONSTER JAUNT TERMS OF USE
LAST MODIFIED ON FEBRUARY 24, 2020
Important: Please read these Terms of Use carefully before continuing to use this Game.
Section 15 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This Terms of Use (the “Agreement”) applies to the Sketch House Games video game entitled “Monster Jaunt” (the “Service”), provided by Sketch House Games LLC (“Sketch House Games”).
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
1.2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Sketch House Games from time to time; and
1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Sketch House Games’ License to You
Sketch House Games grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from Sketch House Games
You understand that you may receive business-related communications from Sketch House Games through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Email messages will be accompanied by instructions for opting out.
4. Support Services
Sketch House Games may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Sketch House Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Sketch House Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Sketch House Games will be and remain the sole property of Sketch House Games and will be subject to the terms and conditions of this Agreement.
Sketch House Games customer support may be reached by contacting us at support@sketchhousegames.com. You agree that you will look solely to Sketch House Games in connection with Support Services.
5. Refunds
Any purchase of or made on the Service is subject to the refund policy of the platform that you made your purchase through.
6. Modification, Termination, and Monitoring of the Service
Sketch House Games reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Sketch House Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Sketch House Games reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
7. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Sketch House Games or between you and other parties.
Sketch House Games and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
8. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Sketch House Games does not control the Linked Services, and Sketch House Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Sketch House Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Sketch House Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Sketch House Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
9. Trademarks and Copyrights
The Service is owned by Sketch House Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Sketch House Games. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Sketch House Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Sketch House Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
10. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Sketch House Games on an as-is basis. Sketch House Games expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sketch House Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Sketch House Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
11. Limitation of Liability
You expressly understand and agree that Sketch House Games is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Sketch House Games has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Sketch House Games and its affiliates will be limited to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify and hold Sketch House Games and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Sketch House Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
13. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at www.monsterjaunt.com/privacy. You agree that your use of the Service is subject to the Privacy Policy.
14. Disclosures Required by Law
Sketch House Games reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Sketch House Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Sketch House Games to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Sketch House Games harmless from any claims resulting from any action taken by Sketch House Games during or as a result of its investigations or from any actions taken as a consequence of investigations by either Sketch House Games or law enforcement authorities.
15. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Sketch House Games, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Washington. This is the case regardless of whether you reside or transact business with Sketch House Games, or any of its affiliates or agents, in the State of Washington or elsewhere. Unless a dispute would be governed by the terms of Section 15 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Seattle, Washington, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Sketch House Games by sending a message via email to support@sketchhousegames.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
16. Binding Arbitration
16.1. Arbitration Procedures. Unless you live in the EU, you and Sketch House Games agree that, except as provided in Section 15.4 below, all disputes, controversies, and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) with a single arbitrator and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 15.4 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Sketch House Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Sketch House Games may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SKETCH HOUSE GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
16.2. Location. The arbitration will be conducted in the city of Seattle, Washington, USA, unless the parties agree to video, phone, or internet connection appearances.
16.3. Limitations. You and Sketch House Games agree that any arbitration will be limited to the Claim between Sketch House Games and you individually.
YOU AND SKETCH HOUSE GAMES AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
16.4. Exceptions to Arbitration. You and Sketch House Games agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Sketch House Games’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
16.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned pursuant to the JAMS Rules.
16.6. Severability. You and Sketch House Games agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 15.4), that portion will be severed and the remainder of the Section shall be given full force and effect. If Section 15.4 is found to be illegal or unenforceable, then neither you nor Sketch House Games will elect to arbitrate any Claim falling within that portion of Section 15.4 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the city of Seattle, Washington, USA, and you and Sketch House Games agree to submit to the personal jurisdiction of that court.
17. Miscellaneous Terms
17.1. Agreement Revisions. This Agreement may only be revised in writing by Sketch House Games, or by Sketch House Games’ publication of a new version on the Service.
17.2. Force Majeure. Sketch House Games is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Sketch House Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sketch House Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
17.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sketch House Games as a result of this Agreement or your use of the Service.
17.4. Assignment. Sketch House Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Sketch House Games’ prior written consent, and any unauthorized assignment by you will be null and void.
17.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
17.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
17.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17.8. Equitable Remedies. You hereby agree that Sketch House Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
17.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Sketch House Games with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Sketch House Games with respect to the Service.
MONSTER JAUNT TERMS OF USE
LAST MODIFIED ON FEBRUARY 24, 2020
Important: Please read these Terms of Use carefully before continuing to use this Game.
Section 15 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.
Please read it carefully.
This Terms of Use (the “Agreement”) applies to the Sketch House Games video game entitled “Monster Jaunt” (the “Service”), provided by Sketch House Games LLC (“Sketch House Games”).
1. Acceptance of Terms
By continuing to use the Service, you agree as follows:
1.1. You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
1.2. You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Sketch House Games from time to time; and
1.3. You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
2. Sketch House Games’ License to You
Sketch House Games grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
3. Messages from Sketch House Games
You understand that you may receive business-related communications from Sketch House Games through the Service or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Email messages will be accompanied by instructions for opting out.
4. Support Services
Sketch House Games may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Sketch House Games is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Sketch House Games under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Sketch House Games will be and remain the sole property of Sketch House Games and will be subject to the terms and conditions of this Agreement.
Sketch House Games customer support may be reached by contacting us at support@sketchhousegames.com. You agree that you will look solely to Sketch House Games in connection with Support Services.
5. Refunds
Any purchase of or made on the Service is subject to the refund policy of the platform that you made your purchase through.
6. Modification, Termination, and Monitoring of the Service
Sketch House Games reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Sketch House Games will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Sketch House Games reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
7. Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Sketch House Games or between you and other parties.
Sketch House Games and its affiliates and agents are permitted, but not obligated, to review or retain your communications.
8. Hyperlinks
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Sketch House Games does not control the Linked Services, and Sketch House Games and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Sketch House Games has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Sketch House Games cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Sketch House Games or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
9. Trademarks and Copyrights
The Service is owned by Sketch House Games and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Sketch House Games. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Sketch House Games or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
Intellectual property displayed through the Service is either the property of, or used with permission by, Sketch House Games. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
10. Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Sketch House Games on an as-is basis. Sketch House Games expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Sketch House Games makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Sketch House Games, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
11. Limitation of Liability
You expressly understand and agree that Sketch House Games is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Sketch House Games has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Sketch House Games and its affiliates will be limited to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify and hold Sketch House Games and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Sketch House Games or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
13. Your Personal Information
Certain personal and other information that we collect, process, and share is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at www.monsterjaunt.com/privacy. You agree that your use of the Service is subject to the Privacy Policy.
14. Disclosures Required by Law
Sketch House Games reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Sketch House Games reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Sketch House Games to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Sketch House Games harmless from any claims resulting from any action taken by Sketch House Games during or as a result of its investigations or from any actions taken as a consequence of investigations by either Sketch House Games or law enforcement authorities.
15. Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Sketch House Games, unless otherwise indicated on such other agreement, will be governed by the laws of the State of Washington. This is the case regardless of whether you reside or transact business with Sketch House Games, or any of its affiliates or agents, in the State of Washington or elsewhere. Unless a dispute would be governed by the terms of Section 15 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Seattle, Washington, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Sketch House Games by sending a message via email to support@sketchhousegames.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
16. Binding Arbitration
16.1. Arbitration Procedures. Unless you live in the EU, you and Sketch House Games agree that, except as provided in Section 15.4 below, all disputes, controversies, and claims related to this Agreement (each a “Claim”), will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) with a single arbitrator and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section 15.4 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Sketch House Games will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Sketch House Games may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SKETCH HOUSE GAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
16.2. Location. The arbitration will be conducted in the city of Seattle, Washington, USA, unless the parties agree to video, phone, or internet connection appearances.
16.3. Limitations. You and Sketch House Games agree that any arbitration will be limited to the Claim between Sketch House Games and you individually.
YOU AND SKETCH HOUSE GAMES AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
16.4. Exceptions to Arbitration. You and Sketch House Games agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Sketch House Games’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
16.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be apportioned pursuant to the JAMS Rules.
16.6. Severability. You and Sketch House Games agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 15.4), that portion will be severed and the remainder of the Section shall be given full force and effect. If Section 15.4 is found to be illegal or unenforceable, then neither you nor Sketch House Games will elect to arbitrate any Claim falling within that portion of Section 15.4 found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within the city of Seattle, Washington, USA, and you and Sketch House Games agree to submit to the personal jurisdiction of that court.
17. Miscellaneous Terms
17.1. Agreement Revisions. This Agreement may only be revised in writing by Sketch House Games, or by Sketch House Games’ publication of a new version on the Service.
17.2. Force Majeure. Sketch House Games is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Sketch House Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Sketch House Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
17.3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sketch House Games as a result of this Agreement or your use of the Service.
17.4. Assignment. Sketch House Games may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Sketch House Games’ prior written consent, and any unauthorized assignment by you will be null and void.
17.5. Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
17.6. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
17.7. No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17.8. Equitable Remedies. You hereby agree that Sketch House Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
17.9. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Sketch House Games with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Sketch House Games with respect to the Service.