Terms of this Service Agreement (this "Agreement") apply to the Jam.gg website (the "Site") provided by PIEPACKER SAS. (referred to herein as "Piepacker", "we", "us", or "our"). The Site and any related services, modules, functions, software, applications, or platforms (collectively, the "Service" or "Services") were created by us so that you can enjoy a cloud gaming experience and play premium retro games with family and friends online. We further act as provider of an information society service, consisting in the storage of information at your request. Use of the Site is subject to these terms of services (the "Terms").
These Terms govern your use of our Services and provide information about the Services.
By using or accessing the Services, whether you register an account or as an unregistered user (collectively, "User", "you", or "your"), you acknowledge that you agree with these Terms, including our Privacy Policy. IF YOU DO NOT AGREE TO BE FULLY BOUND BY THESE TERMS, YOU SHOULD NOT USE THE SITE. You should read these Terms as they constitute a legally binding agreement between you and Piepacker. Please note that we reserve the right, at our sole discretion, to revise, modify, or change, or to remove portions or all of these Terms at any time. These Terms were last updated as set forth above.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND JURY WAIVER.
MORE INFORMATION ABOUT MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
These Services are currently not intended for and may not be used by Users outside of the United States of America, Brazil and France.
You must be at least thirteen (13) years old to use the Services.
If you are between the ages of thirteen (13) and the age of legal majority in your place of residence (a "minor"), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. A person with parental authority for the minor accepts full responsibly for any unauthorized use of the Services by that minor and is responsible for any use of a credit card or any other payment means by such minor.
Piepacker reserves the right to deactivate any user from any Services for any reason or no reason. The Services are not available to any user Piepacker previously removed from the Services.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN THIRTEEN (13) AND THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.
Some of our Services require or allow you to create an account with us, with a user identification ("User ID") and password. When registering for an account, you agree that you will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password, (d) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (e) immediately notify Piepacker if you discover or otherwise suspect any unauthorized use of your account.
Unless expressly permitted in writing by us, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. If you permit others to use your account, you agree to these Terms on behalf of all other persons who use the Services under your account and/or password, and you are responsible for all activities that occur under your account and/or password.
We reserve all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers and IP address mapping.
Access to the Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Services.
Some items (i.e., 3D masks, digital content, add-ons, etc.) are available for purchase on the Services ("Products"). Piepacker may offer certain Products and/or Services on a subscription basis with recurring payments ("Subscription Services).
In order to purchase Products or to subscribe to Subscription Services, you must be a registered Services user and comply with these Terms. You acknowledge that you are responsible for all purchases and other activities that occur on your account. Piepacker sells its Products and Subscription Services only to those users who can legally make purchases with a credit card. If you are a minor, you may purchase Products and/or Subscription Services only with the permission of a parent or a legal guardian. Piepacker reserves the right to refuse or cancel orders and/or terminate accounts at any time in its sole discretion.
When you make a purchase on or a subscription through the Services, you have immediate access to, and use of, the Products, and/or Subscription Services you have purchased or for which you are subscribed. Except in the event of an error (whether on the Services, in an order confirmation, in processing an order, in delivering a Product or Service, or made by our payment processors, as detailed in these Terms), and to the extent allowed by applicable law, cancellations are not permitted after a purchase and Piepacker does not offer any refunds or credits, including, without limitation, fees for Subscription Services. Piepacker reserves the right to modify this refund policy at any time.
We accept payment through major credit cards, certain debit cards, and/or such other payment methods we may make available to you from time-to-time through our site ("Payment Methods"). You are subject to all terms and conditions of the Payment Method you choose, including terms imposed by third-party payment processor. By submitting an order through the Services, you represent and warrant that you are authorized to use the designated Payment Method and authorize Piepacker, or its designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. All payments are to be made in accepted currencies offered via Payment Methods available by Piepacker.
Piepacker's payment processors may request that you provide certain personal data (e.g., a valid government-issued identification, your legal name, address, and date of birth) for the purpose of making payment through financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. Payment processors may communicate directly with you regarding any issues with a payment.
If a purchase has been declined online due to issues with your Payment Method, we may suspend or cancel your order automatically. You are responsible for resolving any problems encountered in order to proceed with your purchase. If the transaction is not accepted online, please contact customer support via the email address made available to you in connection with the purchase.
Piepacker may implement country pricing programs and may determine your eligibility for country pricing using information such as your IP address, payment method location, self-reported residence, and indicators of fraudulent activity (such as transaction volume). You agree that you will not misrepresent your place of residence to fraudulently qualify for location-based pricing programs. Any user believed to be misrepresenting their location may have their access to the Site suspended or terminated without notice.
Subscription Services may renew automatically. You agree that we are authorized to charge you for payment on a recurring basis prior to each renewal. You agree that your Subscription Services will renew continuously until you cancel them.
Piepacker reserves the right to discontinue or modify any subscription fee payment option in relation to any of the Subscription Services. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification by email or through the Services in advance of the next billing date.
You are responsible for all charges incurred on your account. Piepacker reserves the right to deactivate Subscription Services on your account if payment is past due, regardless of the amount
If you choose a Subscription Service, you hereby grant Piepacker the permission to automatically charge the subscription fee to your chosen Payment Method at the beginning of each applicable payment period until you cancel the Subscription Service. Except in the case of a free trial, offered or test period, your access to the Subscription Services will not be established until Piepacker has verified that the credit card or other payment information you provide to us for payment is accurate and that your payment method account is in good standing.
You further agree that Piepacker may charge any other applicable fees for the Services, Products, and Subscription Services, if disclosed to you in connection with your purchase, to your payment method, including any early termination fee.
Upon subscription to a Subscription Service or at the expiry of a free trial, offered or test period, if any, you are required to keep your billing information current, complete, and accurate (for example, if you move, be sure to update your billing address, and if you get a new credit/debit card, make sure you update the card number and expiration date) and notify Piepacker if your selected payment method is cancelled (e.g., for loss or theft).
Piepacker reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Services without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made when Piepacker believes you are liable for the charges.
You may cancel your Subscription Service at any time by selecting such option under your subscription settings in the relevant Services. Piepacker may cancel your Subscription Service by giving you notice by email or through the Service.
Either party's cancellation under the prior paragraph is effective at the end of the current payment period and your Subscription Services will continue until the end of the current payment period. You will not receive a refund for the payment period in which you submit your cancellation.
The Services are provided by Piepacker on an "AS IS" and "AS AVAILABLE" basis. Piepacker reserves the right to modify, suspend, or discontinue the Services and any other features, at its sole discretion, at any time and without notice. You agree that Piepacker is and will not be liable to you for any modification, suspension, or discontinuance of the Services.
Piepacker shall have no liability of any kind if a Product or Service that has been ordered is unavailable. If necessary, Piepacker reserves the right to cancel an order or substitute a Product or Service of equal or greater value when a Product, Service, or content is unavailable.
We attempt to be as accurate as possible and eliminate errors on Products and Services; however, we do not warrant that any Product, Service, or description, photograph, pricing, or other information of a Product, Service, or content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a Product or Service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your Payment Method. Your sole remedy in the event of an error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable national, state, and/or local sales or use taxes, value added taxes ("VAT"), or similar taxes or fees payable in connection with your purchase of any products, services, or content for yourself or as a gift. As the purchaser of a subscription or digital good for another party as a gift, taxes, or other fees on that transaction will be calculated based on your country of residence. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale. Piepacker reserves the right to collect taxes or other fees from you at any time.
We allow you to distribute streaming live and pre-recorded audio-visual works, to use interactive services, such as chat, forum postings, and voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data including your voice and/or image or materials on the Services ("User Content").
(i) Unless otherwise agreed to in a written agreement between you and us, if you submit, transmit, display, perform, post, or store User Content using the Services, you grant to us and our sub-licensees, to the fullest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting part or all of the Services (and derivative works thereof)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Piepacker and our sub-licensees are allowed to use them to the extent indicated in these Terms.
(ii) With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Services and others copied or stored portions of the User Content; (b) Piepacker has used such content for promotional purposes as permitted under this Agreement; and (c) for the reasonable time it takes to remove such content from backups and other systems.
Piepacker has designed and developed a Bring Your Own Game ("BYOG") feature to add an additional remote gaming experience for users who hold legally-acquired game copies stored in read-only memory ("ROM"). Piepacker's BYOG feature allows users to store a private copy of a legally-acquired game to enjoy cloud gaming experience with your close friends or family (each such game, a "BYOG Copy").
Such BYOG Copy will be stored in a private access "room" through the Service over which you have exclusive control. Piepacker will not have access to the BYOG Copy and such BYOG Copy will not be shared with other users of the Services.
When inviting your close friends or members of your family to play, the BYOG Copy is never provided to other users, who will only receive the video signal generated by the private room and who will be able to send inputs to the hosted instance in order to interact.
You are solely responsible for your User Content and/or BYOG Copy and the consequences of posting, uploading, or publishing such material. You represent and warrant that:
(1) you are the creator or own or control all rights in and to the User Content and/or BYOG Copy or otherwise have sufficient rights and authority to grant the rights granted herein;
(2) your User Content and/or BYOG Copy does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person;
(3) your User Content and/or BYOG Copy does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and
(4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of third parties.
Piepacker reserves all rights and remedies against any users who breach these representations and warranties.
We use reasonable security measures in order to attempt to protect User Content and/or any BYOG Copy against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Content and/or any BYOG Copy by third parties will not take place. To the fullest extent permitted by applicable law, you hereby agree that we shall not be liable for any unauthorized copying, use, or distribution of User Content and/or any BYOG Copy by third parties and release and waive any claims you may have against us for any such unauthorized copying or usage of the User Content on any grounds whatsoever.
To the extent permitted by applicable law, Piepacker takes no responsibility and assumes no liability for any User Content and/or BYOG Copy or for any loss or damage resulting therefrom, nor is Piepacker liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
We are not liable for any statements or representations included in any User Content. We do not endorse any User Content, opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Content. To the fullest extent permitted by applicable law, Piepacker reserves the right to remove, screen, or edit any User Content posted or stored and/or any BYOG Copy stored on the Services at any time and without notice, including where such User Content violates these Terms or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates this Agreement and may result in, amongst other things, termination or suspension of your rights to use the Services.
Piepacker or other users may provide links to third-party websites or resources. You acknowledge and agree that Piepacker is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Piepacker of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The underlying platforms and technology used to provide the Services is the proprietary property of Piepacker and/or its licensors. By subscribing to our Services, Piepacker grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services solely for your personal, non-commercial use, in accordance with these Terms.
"Piepacker", “Jam.gg” and other trademarks, slogans, service marks, and trade names which appear on the Site and/or Services are proprietary to Piepacker or its licensors. You may use the "Piepacker" or “Jam.gg” name in the format in which it appears on the Site solely as part of "Piepacker game" or “Jam.gg game” in a textual message for the purpose of referring to a Piepacker game. Any other use of any Piepacker trademarks, slogans, service marks, trade dress, and trade names is prohibited. You shall not remove or alter any copyright notice, trademark, or other proprietary or restrictive notice or legend affixed to any material provided by Piepacker. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
Piepacker masks, filters, and other copyrighted content provided by us or used in our Services are either the proprietary property of Piepacker or its licensors.
You are fully responsible for ensuring that your use of the Services, including with respect to information entered in your profile, access to others information, and use of Piepacker's messaging platform complies with all applicable laws, rules, and regulations (including but not limited to those regarding deceptive or misleading advertising and applicable privacy laws) and with the terms and conditions of any third-party platforms you use in connection with the Services. Piepacker is not responsible or liable for any failure by you to comply with such applicable laws, rules, regulations, or third-party terms and conditions. Piepacker will not be responsible for any loss of data or accounts due to any actions by third parties, including those that may be in response to a failure by you to follow their guidelines. In no event shall Piepacker be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded or accessed through the Service.
You acknowledge and agree that Piepacker does not sponsor or endorse the representations made in any user profiles. You acknowledge and agree that Piepacker may use any information you provide in a manner consistent with the Piepacker Privacy Policy and these Terms.
Piepacker respects the intellectual property of others, and we ask users of our Services to do the same. In accordance with, inter alia, the Digital Millennium Copyright Act (DMCA) in the United States, the Electronic Commerce Directive (2000/31/EC) in the European Union, and the French law no. 2004-575 of 21 June 2004 for the trust in the digital economy, as well as other applicable laws, we have adopted a policy of removing, in appropriate circumstances and at our sole discretion, any content that appears to infringe the intellectual property rights of others. We may also, at our sole discretion, limit access to Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on the Piepacker Site infringes upon any copyright or other intellectual property right which you own or control, or that any link on Piepacker directs users to another web site that contains material that infringes upon any intellectual property right which you own or control, you may file a notification of such infringement at the following addresses:
Postal address:
Piepacker SAS
60, rue du roi de Sicile
75004 Paris
France
E-mail address: legal@piepacker.com
Notification must include a description of the work which you believe is being infringed. If applicable, please also include (a) information regarding any registration of these rights (i.e., patent registration, trademark registration, copyright registration), including the countries where registered or applied for, and application or registration numbers; (b) a description of the allegedly infringing material, with information that is reasonably sufficient to enable Piepacker to locate the material; (c) your contact information, such as your address, telephone number, and email address; (d) a statement that you have a good faith belief that use of the material is not authorized by the intellectual property owner, its agent, or the law; (e) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature.
You shall be solely responsible for the information you or any user of your account (whether authorized or unauthorized) transmits or submits through the Site or the Services. You expressly agree that you will not use the Services to:
If you do not agree to these terms, do not use the Services.
Piepacker reserves the right to suspend or terminate user accounts at any time, in its sole discretion. Piepacker also reserves the right to remove any user content which is abusive, illegal, disruptive, or that otherwise fails to conform to Piepacker's standards, and to limit users' access to the Services, in full or in part, in its sole discretion.
Breach of any of provision of these Terms may result in a temporary or a permanent account ban. Piepacker may investigate any potential concerns, including requesting information from you and communicating about you with other users. We may suspend your account during any such investigation while such information is presented and assessed.
We welcome your feedback or comments, including ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans, or new product names (collectively, "Feedback"). Piepacker shall have the unrestricted right to use the Feedback provided in connection with the Services at its sole discretion, including for improvement or enhancement, and, accordingly, shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. PIEPACKER DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIEPACKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You shall indemnify and hold harmless Piepacker (including its directors, officers, employees, representatives, and agents) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) asserted against, imposed upon or incurred by Piepacker (including its directors, officers, employees, representatives, and agents) resulting from or arising out of your violation of these Terms or your use of the Services.
IN NO EVENT SHALL PIEPACKER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PIEPACKER SERVICES, ANY CONTENT OR MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PIEPACKER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PIEPACKER'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIEPACKER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PIEPACKER SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PIEPACKER SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PIEPACKER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PIEPACKER AND RECEIVED THROUGH OR ADVERTISED ON THE PIEPACKER SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
We are committed to safeguarding any personal data that may be collected through our Services and to ensuring that you are fully informed as to how your personal data will be used and stored.
For more details, please refer to our Privacy Policy.
These Terms constitute the entire agreement between Piepacker and you with respect to your use of the Service. Piepacker's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. Piepacker shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Piepacker.
These Terms will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of laws. This Agreement will not be governed by the Uniform Computer Information Transactions Act or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
Final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site, Services, or these Terms. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy, or publicity rights shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in the State of California, County of Santa Clara, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrators under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be conducted by and under the rules and auspices of the American Arbitration Association (the "AAA"). The arbitration shall take place in San Francisco, California. For claims of less than or equal to $75,000 (exclusive of attorneys' fees, costs, and alleged punitive damages or penalties), the AAA's Consumer Arbitration Rules will apply; for claims over seventy-five thousand dollars ($75,000), the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at https://adr.org. Any Notice of Arbitration should be mailed to us at the following address: legal@piepacker.com.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator's decision is very limited.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this waiver is deemed unenforceable, any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
PIEPACKER AND USER BOTH AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
Piepacker reserve the right to amend these Terms from time to time at our sole discretion. If you have registered as a user, we may notify you of any material changes to these Terms (and the effective date of such changes) by sending a notification via the Site. In addition, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of these Terms will remain intact. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Piepacker.
Piepacker SAS, a French société par actions simplifiée with a share capital of 7,002,000 euros registered with the Trade and Companies Registry of Paris under number 882 922 289 and whose registered office is situated 60, rue du roi de Sicile, 75004 Paris, France
Publishing Manager: Mr Jules Testard
Contact : legal@piepacker.com
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Date of last update: March 1st, 2023
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