Terms of Service

Last Updated / Effective Date: May 7, 2025

Playbite Games LLC (“Playbite”, “we”, or “us”) is dedicated to protecting the privacy of our customers, website visitors, and users of our mobile applications. Playbite’s Privacy Policy (“Policy”) outlines the information collected from visitors to our websites (http://playbitegames.com and http://playbite.com) (collectively “Website”) and users of our mobile or web applications (“Apps” and together with the Website “Services”). These terms and conditions (“Terms”) incorporate by reference Playbite’s Privacy Policy (https://playbitegames.com/privacy-policy/).

These Terms govern any use of our Services. Your use of the Services is contingent upon your acceptance of and compliance with these Terms. If you do not agree with these Terms, or if you are under 18 years of age, you may not access or use the Services and you are prohibited from registering for a Playbite user account. Each time you access or use the Services, the most recent versions of these Terms and the Privacy Policy will apply.

CHANGES TO TERMS: We may change these Terms from time to time. If we do so, we will post the updated Terms on our Website and will indicate when the Terms were last revised. Unless provided otherwise, all changes will be effective immediately upon posting to the Website.  You should periodically review our current Terms as well as Privacy Policy to stay informed of our personal data practices.

ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL

BY USING THE SERVICES, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES RELATED TO THE SERVICES AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU ARE WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.

TERMS

1. USE OF THE SERVICES
We provide you with the ability to use the Services for your personal use, including commercial purposes, provided you comply with these Terms. You are responsible for payment of charges for all Internet and communication services needed to use the Services.

You must be at least 18 years of age and reside in an approved country where Playbite is available to use the Services. Only one (1) User Account is permitted per person.


2. PRIVACY POLICY
We collect certain Personal Information from and about you, including when you use the Services or otherwise communicate with us. Please see our Privacy Policy for more information on how we collect, use, retain, and disclose your Personal Information.
 
3. INTELLECTUAL PROPERTY RIGHTS
Playbite and its licensors are the sole and exclusive owners of the Services. The Services includes the http://playbitegames.com domain, the content of the Services (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products, documentation, other components, and content), and the design, selection, and arrangement of the content on the Services.

The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or the related intellectual property rights belonging to Playbite or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Playbite.

Unless otherwise noted, Playbite and the Playbite graphics, logos, icons, and service marks are trademarks, registered trademarks, or trade dress of Playbite , protected under U.S. law and the laws of other countries. Playbite trademarks may not be used without our express written consent and must not be used in a manner that disparages or discredits Playbite, causes confusion among customers, or associates with any products or Services not provided by Playbite. Playbite will take legal action against individuals using its trademarks or service marks in metatag keywords or hidden webpage text, as such use constitutes trademark infringement and unfair competition.

Access to the Services does not confer and shall not constitute a license to anyone to use Playbite or any third party's intellectual property rights.


4. ACCOUNTS
Certain features of the Service may require you to create an account with us (“Account”). These Terms govern the creation and use of your Account. You agree that any Personal Information you provide in connection with your Account will be accurate, current, and complete. You must keep your Account login or authentication credentials confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at hello@playbitegames.com.


5. COMPLIANCE WITH LAWS
When you use the Services, you are responsible for complying with all applicable laws, rules, and regulations, including our Acceptable Use Policy regarding online conduct set forth in these Terms.


6. ACCEPTABLE USE POLICY
The Services are intended to be used for personal purposes. In order to utilize the Services, you must abide by the following:

  • You will only provide us with true, accurate, and complete information when you use the Services and will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide (or attempt to hide) your identity.

  • You will not submit inaccurate, incomplete, or out-of-date data via the Services, commit fraud, or falsify data in connection with your use of the Services.

  • You will not trick, defraud, or mislead Playbite, our support services, or other Users, especially in any attempt to gain monetary value or rewards from fake receipt generation, Account verification, chargebacks, or anything which would cause a User to improperly benefit from using the Services.

  • You will not create multiple User Accounts or create any User Accounts by automated means or under false pretenses (including using an identification card from another person to validate your Account, or using identification cards from multiple other persons in order to validate additional User Accounts which are operated by you).

  • You will not take advantage of any glitch, bug, or exploit in the Services, especially in any attempt to improperly gain monetary value, rewards, or improperly benefit from the Services or learn sensitive account information of other Users.

  • You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, or create derivative works of the Services.

  • You will not use the Services for unlawful purposes or to conduct (or attempt to conduct) any fraudulent or illegal activity, or to acquire points or rewards through unscrupulous or illegal means.

  • You will not disparage, tarnish, or otherwise harm the Services and/or Playbite or act maliciously against the business interests or reputation of Playbite or its affiliates.

  • You must interact with our customer support team and staff in a respectful and professional manner. Abusive, threatening, harassing, or otherwise inappropriate language or behavior directed at our employees, contractors, or representatives is strictly prohibited.

  • You will not engage in data mining, data scraping, or similar data gathering or extraction activities or retrieve data or other content from the Services. You will not access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

  • You will not collect or store information about users of the Services in any manner.

  • You will not use the Services to post, transmit, input, upload, or otherwise provide any software code, data, or materials that contain any viruses or malware.

  • You will not use the Services to develop, train, or improve any AI or machine learning models.

  • You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying source code, algorithms, or structure of any technology or Services provided by Playbite.

  • You will not engage in activities designed to render the Services, an Account, or any associated computer systems inoperable or to make their use more difficult.

  • You will not attempt to gain unauthorized access to the Services, an Account, or any associated computer systems.

  • You will not use a virtual private network, proxy, emulator, or any other means to obscure your true source of traffic when using the Services.

  • You will not use any robot, spider, scraper or other automated means to access the Services.

  • You will not cause or attempt any action that imposes an unreasonable or disproportionately large load on our infrastructure, interferes with or disrupts the proper working of the Services, or bypass any measures we may use to prevent, restrict, or secure access to the Services.

  • You will not conduct any activity that typically precedes attempts to breach security such as scanning, probing, network monitoring, or other testing or vulnerability assessment activity of the Services or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Playbite’s Services.

  • You will not use the Services in a manner which is contrary to the purposes for which it was made available to you by Playbite, or for any purpose that Playbite deems objectionable.


If we believe you violated the Acceptable Use Policy or any other Terms (or if you assisted or encouraged any other party to), we reserve the right in our sole discretion to:

  • Delete, blacklist, or indefinitely ban your Account without warning;

  • Block any User activity that may be considered fraudulent, detrimental to the Service, or that violates these Terms;

  • Nullify or cancel any Rewards or points accumulated on your Account and to disable the redemption of any of your Rewards;

  • Prevent you from creating or validating any additional Accounts.


7. USER GENERATED CONTENT
You may be able to post specific reviews, comments, photographs, or other materials (collectively, “User Generated Content”) in connection with your use of the Services or through social media sites or customer support services. You grant Playbite the right to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Generated Content. By submitting User Generated Content or other information to Playbite, you represent and warrant that you own or have all legal rights to submit the User Generated Content and that you will comply with our Acceptable Use Policy.


8. USER GENERATED CONTENT DISCLAIMER
The User Generated Content represents the views of the user and may not represent the views of Playbite. We do not endorse the User Generated Content. We cannot confirm the accuracy or credibility of any User Generated Content, and we will not be liable to you or any third party for any actions you may take as a result of reading User Generated Content. While we prohibit certain User Generated Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive.


9. REWARDS
Playbite users can earn points based on their verified purchases in video games or upon their verified completion of other offers from Playbite. Users can redeem their points for different rewards offered by Playbite, such as gift cards, prepaid cards, or similar items (the “Reward” or “Rewards”). These Rewards are redeemed through third-party providers, and Playbite is not responsible for the actions of those providers, or any restrictions or other policies imposed by those providers, including policies that may limit your use of the Reward.

The Rewards cannot be redeemed for cash or in any way resold, exchanged, or returned for a cash refund unless required by law. Rewards may be redeemed in countries where applicable merchants and services are available. Playbite is not responsible for any valid Reward that a user is unable to redeem due to their age, situation, or country of residence. Playbite is not responsible for any lost, stolen, or malfunctioning Rewards except when it is caused by the gross negligence or willful misconduct of Playbite.

Points do not otherwise have any monetary value and cannot be transferred to other Users. Playbite has the right to change at any given time at Playbite’s sole discretion how points or Rewards are redeemed, acquired, or otherwise structured, including setting expiration periods or limiting the number of points you can accumulate or maintain in your Account. Playbite may also change which Rewards are available through the Service at Playbite’s sole discretion and at any time.

You agree that You will be solely responsible for paying any applicable taxes, if any, related to the redemption of points and/or acquisition of Rewards. You are solely responsible for complying with the terms of any third party when acquiring Rewards and verifying that the correct Rewards have been issued to you each time you acquire Rewards through the Service.


10. ACCOUNT ACTIVITY AND DEACTIVATION
Playbite reserves the right to delete or deactivate without notice any account that has been inactive for a consecutive period of one-hundred eighty (180) days. An Account is deemed inactive when there has been no access or attempt to access the Services by the User.

Upon deletion of an Account, Playbite may delete the Account data, and any accumulated points or Rewards will be considered null and void. Playbite shall not be liable to a User nor to any third party for any termination of a User’s access to the Services or deletion of a User’s data or accumulated points or Rewards.


11. FEEDBACK
Playbite welcomes comments regarding the Services. If you submit comments or feedback regarding the Services to us, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such feedback in any manner, including in connection with our operations.


12. DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Playbite will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Playbite’s copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Playbite that your copyrighted material has been infringed. Playbite does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.

If we receive a clear and valid notice as outlined in the guidelines below, Playbite will respond by either removing the allegedly infringing content or blocking access to it. Playbite may reach out to the notice provider to request additional information.

Under the DMCA, Playbite is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).

The Alleged Infringer is allowed under the law to send Playbite a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications as part of the Services. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether a particular material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by regular mail or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.


A DMCA notice must:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);

  • Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Services. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

  • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

  • Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;

  • Be signed; and

  • Be sent to our DMCA designated agent at our CONTACT US address below, Attn: DMCA Agent


13. DISCLAIMER OF WARRANTIES
The Services are provided to you on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Playbite expressly disclaims all express or implied warranties of any kind with respect to the Services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or usage in trade.

Playbite does not warrant or guarantee that the Services will meet your needs, be compatible with any standards or user requirements, the availability of the Services or that the Services will be uninterrupted or error-free, that any defects in the Services will be corrected, or that the Services is free of viruses or other harmful conditions or components. Your use of the Services is at your own risk, and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Services.

Playbite makes commercially reasonable efforts to ensure that the Services contains information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Services, including any inaccuracies, typographical errors, or misstatements.

Playbite expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, and improper product selection. Playbite has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Playbite or in any manner from the Website creates any warranty.


14. LIMITATION OF LIABILITY
You understand and agree that any liability Playbite, its employees, officers, directors, agents, service providers, or professional advisors (“Agents”) have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall we or any of our agents be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages. Arising out of or in connection with these terms. This includes, without limitation:

  • Any loss of use, loss of data, loss of goodwill, cost of procurement of substitute Services, or any other indirect, special, incidental, or consequential damages;

  • Any damages to, or malware that may infect your electronic devices or other property resulting from your use of the Services or your access to, use of, browsing of, or downloading of any Content or User Content from the Services; and

  • Any Content available on or through the Services or any third-party websites or other websites linked to the Services.


The above limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, resulting from (1) the use of, or the inability to use, the Services; (2) the use of, or the inability to use, items purchased on the Services; or (3) the cost of procurement of substitute Services or items, even if we or our Agents have been advised of the possibility of such damages.


15. INDEMNIFICATION
EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PLAYBITE AND OUR AGENTS FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SERVICES OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SERVICES OR THE USER GENERATED CONTENT; (C) YOUR SUBMISSION OF USER GENERATED CONTENT; (D) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PLAYBITE OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; OR (F) YOUR VIOLATION OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS; THUS, THESE INDEMNIFIATION PROVISIONS MAY NOT APPLY TO YOU.


16. TERMS APPLICABLE TO NEW JERSEY CUSTOMERS
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Playbite reserves all rights, defenses, and permissible limitations under the laws of New Jersey and the laws of your state of residence.


17. DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY


a. WAIVER OF RIGHTS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH PLAYBITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:

  • ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, AND

  • ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.


BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

  • THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.

  • THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.


b. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good-faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number, and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.


c. Mutual Arbitration Agreement.

  • i. Arbitration of Individual Disputes. Any dispute that cannot be resolved through good faith negotiations must be pursued through binding arbitration on an individual basis as outlined in this section (the “Arbitration Agreement”). A single arbitrator will administer the arbitration.

  • ii. AAA Proceedings. Either you or Playbite may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file an arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org, or we can assist you in contacting AAA.

  • iii. Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues, excluding (a) issues expressly reserved for a court decision in these Terms, (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions that are for the court to decide, or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.

  • iv. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.

  • v. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.

  • vi. Confidentiality. The parties expressly agree that any actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

  • vii. Survival. This Arbitration Agreement provision will survive the termination of these Terms.

  • viii. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make reasonable faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

  • ix. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA at its discretion, for each batch of demands. The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorize class arbitration of any kind. Playbite does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision is found to be invalid, unenforceable, or illegal, then the Batch Proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

  • x. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by AAA. Playbite and the counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a method of resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opts out and they cannot agree on a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

  • xi. Opt-Out. If you wish to opt out of this Arbitration Agreement, you must provide us with your notice to opt out within 30 days of the first date you visit or use our site. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to the CONTACT US address below, Attn: DMCA Agent. If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver.

  • xii. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Services, your Account, and the User-Generated Content.

  • xiii. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS, AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.

  • xiv. Applicable Law. Wisconsin law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.


18. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY STORE

  • Our Services and certain Content may be available through the Apple App Store or Google Play (collectively the “Apps”). You understand that these Terms are between you and Playbite and not with Apple Inc. or Google, Inc. (each an “App Distributor”). Playbite, not the App Distributor, is solely responsible for the Services and their Content. In the event that the rules and restrictions in these Terms related to your use of the Services conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.

  • The licenses granted to you for the Services in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system in accordance with the applicable App Distributor’s terms and conditions.

  • Playbite is solely responsible for providing any Services maintenance, and you agree that the App Distributor has no obligation to provide any Services maintenance and support.

  • Playbite is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the Services fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Services. To the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Playbite’s sole responsibility.

  • You and Playbite acknowledge that Playbite, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Services, including any (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.

  • Playbite, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services, and you must comply with applicable App Distributor terms when using the Services.

  • You agree that the App Distributors and their subsidiaries are third-party beneficiaries of these Terms as applicable to the Services and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.


19. GOVERNING LAW
Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the state of Wisconsin without regard to its conflict of laws principles. Except with regard to disputes that are subject to arbitration under this Agreement, the venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Dane County, Wisconsin. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.


20. THIRD-PARTY LINKS
Links to third-party websites from the Site are provided solely for your convenience. Playbite has not reviewed each site for its content and does not endorse or make any representations about them or the information, products, materials, or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk, and Playbite shall have no liability arising out of the operation or content of such third-party sites.

21. COOPERATION WITH LAW ENFORCEMENT
Playbite will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services. YOU WAIVE AND HOLD PLAYBITE AND OUR AGENTS HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.


22. UNAVAILABILITY OF THE SERVICES
The Services or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Services, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.


23. ELECTRONIC COMMUNICATIONS
We use email and electronic means to stay in touch with users of our Services. You consent to receive communications from us in electronic form via the email address you submit upon registration or via the Services and further agree that all Terms of Use, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Communications made through email or the Services do not constitute legal notice to us or any of our affiliates. All legal notices hereunder shall be in writing and delivered to the CONTACT US address below.

24. NOTICE FOR INTERNATIONAL USERS
The Website is controlled, operated, and administered by Playbite from its offices within the United States of America. Playbite makes no representation that materials on the Website are appropriate or available for use at locations outside of the United States. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. 


25. MISCELLANEOUS 

  • a. Termination. If you violate applicable laws or these Terms in connection with the use of the Services, you are immediately prohibited from further use of the Services. Playbite may suspend or terminate the Services or your Account, in whole or in part, at any time. Playbite shall not be liable to you or anyone else for any damages arising from or related to Playbite’s suspension or termination of your access to the Services or your Account, or in the event Playbite modifies, discontinues or restricts the availability of the Services or your Account (in whole or in part).

  • b. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.

  • c. No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Playbite.

  • d. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and Playbite with respect to your access to and use of the Services.

  • e. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Playbite.

  • f. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect.

  • g. Successors and Assigns. These Terms are to the benefit of Playbite successors and assigns.

  • h. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account, or your access to or use of the Services.

  • i. Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and Playbite may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.


26. CONTACT US
If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact Playbite with questions or comments regarding these Terms at:

Playbite Games, LLC
821 East Washington Avenue, Suite 200
Madison, WI 53703 USA
 
Email: hello@playbitegames.com