Terms Of Use

Home Terms Of Use

Last Modified on January 1st, 2017

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THIS SECTION AFFECTS YOUR RIGHTS ABOUT RESOLVING DISPUTES THAT YOU MAY HAVE WITH US.
PLEASE READ IT CAREFULLY.

Acceptance of Terms of Use and Amendments

Crytivo, Inc. (“Crytivo,” “we” or “us”) owns, operates and maintains the www.crytivo.com website (the “Site”) and the Crytivo client software, (the “Software”), as well as any Products (as defined below) (collectively, the “Service”). Each time you access, view or use the Service, you agree to be bound by these Terms of Use (these “Terms”), which may be amended from time to time.

We will try to provide you with notice of any change to these Terms, through a notice on the Service. Any change will only apply to your use of the Service on and after the date of the change. If you use or make a purchase through the Service, you also will be subject to any terms and conditions applicable to that product and service. If you do not agree with these Terms, you immediately should stop using the Service.

Use of the Service

The Service is available only to people who are of legal age to form a binding contract, and in no event may the Service be used by a person under the age of 13 without consent from their parent or legal guardian.

The Service is owned, operated and maintained by Crytivo from the United States of America, and Crytivo does not represent or warrant that the Service is appropriate or available for use in any particular jurisdiction. You choose to access, view, or use the Service on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

Product License

Through the Service, we want to provide you with access to certain content and services relating to video games, digital goods, and other products, services, and subscriptions (the “Products”).

Crytivo hereby grants, and you accept, a non-exclusive, non-transferable, revocable, limited license and right, to use the Products that you purchase through the Service, solely for your personal, non-commercial use (unless that Product specifically allows commercial use in its own separate terms).

The following terms apply to this license:

This license lasts from the time of purchase until the termination of your Account, the Service, or (in the case of subscriptions) the end of the subscription period, if the subscription is not renewed.
The Products and any Virtual Items (defined below) are licensed, not sold.
The license does not grant you any title or ownership in the Products or the Service.

Requirements

Your use of the Service and any Products available through the Service requires a compatible computer, Internet access (fees may apply) and certain software (fees may apply). It may also require obtaining patches, updates, or upgrades from time to time.

Because your use of the Service involves hardware, software and Internet access (high speed Internet access is strongly recommended), your ability to use the Service may be affected by these factors. You are responsible for being aware of any system requirements of any product or service available through the Service, and for your ability to meet such requirements. These requirements may change from time to time.

Applicable system requirements at the time of purchase are usually found on the information page for that product or service, but may not be. It is your responsibility to learn the system requirements prior to purchasing any product or service through the Service.

If you are having difficulty downloading a product or encounter any other issues with the purchase, download or activation of a product or service, you should contact us at contact@crytivo.com.

Your Registration Obligations

To use some aspects of the Service (including purchasing Products), you may be required to have a user account (your “Account”).

In order to create an Account, you must either:

Be an adult and have the legal capacity to enter a contract in the jurisdiction where you live, or
If you are under the age of 18, your parent or legal guardian must create the Account, and consent to your use of the Service.

You are responsible for:

Providing accurate information when establishing and updating your Account,
Maintaining the confidentiality of your password and keeping it secure, and
All usage of your Account and user name, whether authorized or not authorized by you.

You agree to immediately notify us of any unauthorized use of your Account, user name, or password. In addition, you agree that you will never use another user’s Account.

Use of your Account

When you purchase Products through your Account, you may receive a notification within your Account that allows you to download that product. You agree not to, directly or indirectly, share your Account’s downloads with anyone else or use anyone else’s Account to download products and services.

You may not share or transfer your Account or password, or any other access information, with any other party, either temporarily or permanently. You will be solely responsible for all use of your Account and for the confidentiality of your password. You represent that all information submitted to create your Account is accurate and truthful. If you believe that your Account password or username is compromised, you agree to notify Crytivo immediately.

Crytivo will not be responsible for any losses arising out of the unauthorized use of your Account. Crytivo is not liable for any loss or damage caused by the unauthorized use of your Account. However, you may be liable for our losses or the losses of others due to such unauthorized use. Although we have confidence in our security policies, their effectiveness relies upon you following the rules of these Terms.

Again, you are solely and entirely responsible for all activities that occur on your Account.

Termination of Your Account and the Service

We reserve the right, in our sole discretion, to terminate or suspend your Account if we believe, or have been notified by a third party, that you may be infringing the rights of others, violating the copyrights or trademarks of others, violating this Terms of Use, or engaging in any other inappropriate behavior.

We also reserve the right, in our sole discretion, to terminate your access to all or part of the Service or to any product or service available through the Service for any reason or no reason, with or without notice. In the event that we terminate access to all or part of the Service, your Account may be disabled, and you may not have access to your Account.

You may also request the termination and deletion of your Account by sending an email to contact@crytivo.com.

You should be aware that, if your Account is terminated, we may not be able to grant you access to any purchased Products or return your Products to you, and that you may not otherwise have access to your purchased Products or any screenshots, saved games, User Content (defined below) that are hosted on the Service, although residual copies of such information may remain in our system for back-up purposes and for compliance with legal reporting obligations.

Payment and Delivery of Products

Prices and Taxes

The price that you will pay for any Products purchased through your Account will include the price of the product or service, plus any applicable sales, use, value added or other taxes that Crytivo is required to collect.

Crytivo may change the prices and availability of Products at any time. Crytivo does not offer, and is not obligated to give, any refunds, price protection, or price matching in the event of a price reduction after your purchase of any Products through the Service. If Crytivo does not charge you for any applicable taxes, you must pay to the applicable taxing authority any taxes that may be due as a result of your Product purchase.

Payment Processors

The Service may use third-party payment processors. These payment processors may be indicated on the applicable Product purchase page.

You represent and warrant to us that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. You agree to pay for all Products that you purchase through the Service, and you hereby authorize Crytivo to charge your chosen payment method for any Product purchased and for any additional amounts due with respect to your Account (including, without limitation, any applicable taxes and late fees).

Charges to your selected payment method will occur at the time of purchase. If a third-party payment processor is involved, you will be bound by that third party’s terms and conditions. Those terms are available on that third party’s website. Crytivo may change the payment methods offered at any time.

All information that you provide with a purchase or other transaction with the Service must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or other transaction with the Service, at the prices in effect when such charges are incurred.

Delivery of Products

Crytivo will make reasonable efforts to deliver Products to you upon purchase.

However, technical problems may delay, interrupt, or prevent the download or activation of the Product that you purchased through the Service. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be limited to either:

the replacement of the Product,
store credit, or
a refund of the purchase price paid, to be decided by Crytivo in its sole discretion.

Crytivo has no liability for issues encountered with downloading, activating, or using Products due to factors beyond Crytivo’s control, including, without limitation, your computer’s performance and the speed of your Internet connection.

Some Products may still be in development when you purchase them. You understand that Product release dates may be delayed and that release dates and times posted on the Service are only estimates. You will not be entitled to any refund for a delayed Product release date.

Our obligation to deliver any Product to you will be complete at the time and place you first receive the information necessary to commence download or activation of such Product. In all circumstances, it is your responsibility to ensure that the Product is correctly and completely installed on your computer or other device. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged, or destroyed, and Crytivo will have no liability to you in the event of any loss, damage, or destruction.

Subscriptions

If you purchase a recurring subscription on the Service, you acknowledge that payments will be processed automatically (e.g., charged to your credit card or other payment method) until you cancel the subscription or the Account. Crytivo reserves the right to revise the pricing for the subscription Products offered through the Service at any time.

No Ongoing Obligations

Notwithstanding any other provision of these Terms, Crytivo and its licensors reserve the right, without any liability to you, to change, suspend, remove, or disable access to any Products sold or made available through the Service at any time, without notice. You understand that nothing in these Terms entitles you to any future updates, versions, or enhancements to any Products (although Crytivo may offer such updates, versions, or enhancements at its sole discretion).

Crytivo Coins; Virtual Item Ownership

Crytivo Coins

Purchases made on the Crytivo Store may be eligible for earning loyalty rewards, also known as Crytivo Coins. Crytivo Coins may be used for discounts on other purchases made on the Service, as well as for other uses. A more detailed description of the Crytivo Coins program is located at www.crytivo.com/crytivo-coins, which terms may be modified from time to time at Crytivo’s sole discretion.

Virtual Item Terms

Crytivo Coins, virtual goods, downloadable content, Product modifications, and virtual “tokens” or currency (collectively, “Virtual Items”) may be offered for purchase through the Service itself or through the Products, or may be earned through purchases on the Service. Your election to make a purchase with real currency will be an offer to Crytivo to purchase at the prices and on the terms set forth on the Service.

You agree that you have no right or title in or to any Virtual Items. Crytivo does not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service or Products. Virtual Items that may be originally acquired by “farming” are subject to confiscation by Crytivo. You may not sell Virtual Items for “real” money, or exchange those Virtual Items for value outside of the Service. To be clear, Virtual Items have no real-world value and are licensed, not owned.

Under no circumstances will refunds be given for Virtual Items. In connection with Virtual Items, all sales are final when the transaction has been processed.

Customer Service

Assistance with Orders

For assistance with billing questions or other order inquiries, please email us at contact@crytivo.com.

Refund Policy

All sales on the Service are final.

Certain restrictions apply to sales of Products that might not otherwise apply to physical goods. Crytivo does not offer refunds unless there is a defect in the Product itself that prevents you from using the Product. In such cases, the refund period will be limited to 60 days following your purchase.

Refunds will not be issued due to your dissatisfaction with the Product, or if your computer does not meet the minimum product or service requirements. Refunds will be issued solely at Crytivo’s discretion.

If you think you qualify for a refund, please email us at contact@crytivo.com.

EU Right of Withdrawal

The EU Right of Withdrawal does not apply to online digital content, once you have started downloading or streaming it. If you live in the EU and you have not yet begun downloading any purchased Products, please email us at contact@crytivo.com to request a refund.

Content on the Service

Crytivo Content

All content on the Service (except for User Content, as defined below), including, without limitation, art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, service marks, trade dress, trade names, logos, product and character names, slogans and the compilation of any of the above (collectively, the “Crytivo Content”), is the property of Crytivo or its licensors and is protected in the United States and internationally under trademark, copyright and other intellectual property laws.

Crytivo assumes no responsibility regarding the accuracy of the Crytivo Content, and your use of the Crytivo Content is at your own risk. Crytivo provides no assurances that any reported inaccuracies in any Crytivo Content can or will be resolved. By furnishing the Crytivo Content, Crytivo does not grant any licenses to any copyrights, patents, trademarks, service marks, trade dress, trade names or any other intellectual property rights. You agree not to display or use any Crytivo Content in any manner that is likely to cause confusion among consumers, or that:

disparages or discredits Crytivo or its licensors,
dilutes the strength of Crytivo’s or its licensors’ property, or
otherwise infringes Crytivo’s or its licensors’ intellectual property rights.

You further agree to in no other way misuse any Crytivo Content.

User Content

On certain areas of the Service, you may be allowed to chat with other users and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content (collectively, “User Content”). Your posting of User Content is subject to these Terms and the following Posting Rules.

Users found in violation of the Posting Rules or these Terms may have their Accounts terminated or access restricted by Crytivo, at Crytivo’s sole discretion. You agree that Crytivo may delete any User Content at any time and for any reason, at its sole discretion.

Posting Rules

You agree that you will not engage in any conduct or communications on the Service which:

is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
could infringe or lead to infringement of any copyright, trademark, publicity or privacy right, or any other intellectual property or personal right of any person or entity;
is or could be taken as slurs, hate speech or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product or activity;
encourages or constitutes behavior that does not support a safe and comfortable environment for all users, whish conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, religious or political, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Game an uncomfortable experience for anyone;
restricts, inhibits, or discourages any other user from using the Service or Products, or contains a virus or other harmful component;
hacks, modifies or otherwise makes use of cheats, mods, automation software (bots) or any other unauthorized third-party software designed to modify the experience of the Service or the Products;
violates any local, state, federal or international laws or gives rise to civil liability;
violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
specifies or claims that that you are affiliated with Crytivo when you are not;
requests account login information from other users of the Service;
“spoofs” (use of any means to disguise your online identity or alter original attribute information);
uses or possesses programs to “crack” or bypass security measures in the Service or Products;
uploads files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service or the Products;
restricts or inhibits any user from using and enjoying the Service or the Products; or
anything else that Crytivo, in its sole discretion, deems harmful to the Service or to Crytivo’s integrity or business.

Responsibility for User Content

You understand and acknowledge that your User Content is solely your responsibility and that Crytivo is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Crytivo, and Crytivo does not endorse and has no control over User Content. User Content is not necessarily reviewed by Crytivo prior to posting, and Crytivo makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.

Objectionable Material

You understand that, by using the Service, you may encounter User Content and Crytivo Content that may be deemed mature, offensive, indecent, or objectionable; that may or may not be identified as having explicit language or adult themes and that may be due to the content of a specific Product or your interactions with other users of the Service. You agree that you are using the Service at your sole risk, and that Crytivo will have no liability to you for any User Content or Crytivo Content that may be found to be mature, offensive, indecent, or objectionable.

Reporting

If you believe that something on the Service violates these Posting Rules or otherwise violates these Terms, you may send an email to contact@crytivo.com.

No Confidentiality

The nature of the Service is interactive and public. By making your User Content available in the Service’s public areas, you understand that any materials, ideas, or other communications that you transmit will not be treated as confidential or proprietary. You also agree that any ideas, concepts, or other materials you transmit to Crytivo may be used by Crytivo anywhere, anytime, and for any reason whatsoever, subject to the terms of the User Content License described in “Ownership of Posted Content and License” below.

Ownership of Posted Content and License

After posting your User Content, you will continue to retain your ownership rights in that User Content, and you will continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described below (the “User Content License”).

Scope of License

By displaying, publishing, or otherwise posting any User Content on or through the Service, you hereby grant to Crytivo and its successors and assigns a perpetual, non-exclusive, worldwide, fully-paid, royalty free right and license to use, reproduce, distribute, make available, publicly display, publicly perform, transmit, host, broadcast and stream such User Content.

Representations

You represent and warrant to Crytivo that:

you own the User Content posted by you on the Service,
you have the right to grant this User Content License, and
the posting of your User Content (or any use of your User Content consistent with the User Content License) will not violate the intellectual property and other rights of any person or entity.

You agree to pay for all monies owing any person by reason of any User Content posted by you to the Service. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on the Service.

Feedback

If you provide us with any request, suggestion, or feedback regarding the functionality and performance of the Crytivo Services (including, without limitation, identifying potential errors and improvements), you hereby assign to Crytivo all right, title and interest in and to such request, suggestion or feedback, and Crytivo will have the right to use, implement, and modify such request, suggestion or feedback without any payment or restriction.

Notice to Copyright and Trademark Owners

DMCA Copyright Notices

If you are a copyright owner or their agent, and you believe that your copyright rights have been violated by any posting, submission or other content on the Service, you may submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
a description of the copyrighted work that you claim has been infringed;
the URL of the location on our website containing the material that you claim is infringing;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter Notices

If you believe, in good faith, that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Crytivo a counter-notice. Counter-notices must meet the statutory requirements imposed by 17 USC § 512. They should be sent to Crytivo’s Copyright Agent.

Copyright Agent Information

Our Copyright Agent can be reached by email at contact@crytivo.com.

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and that infringement is occurring through use of the Service. Please note that these notifications and counter-notifications are legal notices. Crytivo may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.

Indemnification

You agree to indemnify, defend, and hold harmless Crytivo and its affiliates, and their respective owners, directors, officers, managers, employees, agents, contractors, advertisers and partners, from any claim or demand, including, without limitation, reasonable attorney fees, that may be asserted or filed by any third party, arising out of or relating to:

your use of the Service or any Product available through the Service,
your submission or provision of User Content to the Service,
your violation of these Terms, or
any other violation by you of the rights of another person or entity.

Privacy Policy

As a condition to using the Service, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference.

Links to Other Services and Third-party Services

The Service may contain links to third-party websites. These links are provided as a convenience to you and not as an endorsement by us of such third-party websites. We are not responsible for the content of linked third-party websites and do not make any representations regarding the content or accuracy of the materials on those websites.

Information you submit at a third-party website is subject to the terms of that website’s terms and privacy policy, and Crytivo has no control over how your information is collected, used or otherwise handled. If you decide to access linked third-party websites, YOU DO SO AT YOUR OWN RISK.

In addition, the products and services of third parties may be advertised or made available through the Service. Representations made regarding such products and services will be governed by the policies and representations made by such third parties. We will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN CRYTIVO AND YOU, YOU UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “AS MODIFIED FROM TIME TO TIME” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRYTIVO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CRYTIVO DOES NOT WARRANT THAT (I) THE SERVICE OR ANY PRODUCTS AVAILABLE THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, RELIABLE, ERROR-FREE, VIRUS-FREE OR OF ANY QUALITY; (III) THE QUALITY OF ANY PRODUCT, SERVICE, DATA, OR OTHER INFORMATION PURCHASED, ACCESSED, OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE WILL BE CORRECTED.
IF YOU DOWNLOAD OR OBTAIN ANY PRODUCTS THROUGH THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CRYTIVO OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN CRYTIVO AND YOU, YOU UNDERSTAND AND AGREE THAT CRYTIVO WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CRYTIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR INABILITY TO USE THE SERVICE OR ANY PRODUCT AVAILABLE THROUGH THE SERVICE;
THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, PRODUCT, OR SERVICE PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, DATA, OR TRANSMISSIONS;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR USING ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE OR THE PRODUCTS AVAILABLE THROUGH THE SERVICE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, the liability of Crytivo and its affiliates will be limited to the fullest extent permitted by law in such states or jurisdictions.

Choice of Law; Jurisdiction; Forum

These Terms will be governed by and construed in accordance with the laws of the State of California. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods will not apply to these Terms.

Except as provided in the Binding Arbitration section below (and claims proceeding in any small claims court), you agree that any claim, legal proceeding, or litigation arising in connection with your use of the Service, your Account or any Products obtained through the Service will be brought exclusively in or near San Diego County, California, and you consent to the exclusive jurisdiction of the federal and state courts in or near San Diego County, California. You are responsible for compliance with all local laws if and to the extent local laws are applicable.

Binding Arbitration

Arbitration Procedures

You and Crytivo agree that, except as provided in the Section labeled Exceptions to Arbitration below, all disputes, controversies, and claims related to this Agreement (each a “Claim”), will be exclusively resolved by binding arbitration. This arbitration 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”) 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.

Except as otherwise set forth 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 Crytivo will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of their decision, the award given, and the arbitrator’s findings on which their 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:

you and Crytivo 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
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 CRYTIVO WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Location

The arbitration will be conducted in San Diego County, California, unless the Parties agree to video, phone, or internet connection appearances.

Limitations

You and Crytivo agree that any arbitration will be limited to the Claim between Crytivo and you individually.

YOU AND CRYTIVO AGREE THAT

THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES;
THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND
NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.

Exceptions to Arbitration

You and Crytivo agree that the following Claims are not subject to the above provisions concerning binding arbitration:

any Claim seeking to enforce or protect, or concerning the validity of, any of your or Crytivo’s intellectual property rights;
any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
any claim for equitable relief.

In addition, 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.

Arbitration Fees

The Party initiating arbitration will need to pay the JAMS arbitration initiation fee. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

Severability

You and Crytivo agree that if any portion of this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Binding Arbitration Section will be given full force and effect.

Miscellaneous Terms

This Agreement constitutes the entire agreement between you and Crytivo and governs the terms and conditions of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Crytivo with respect to the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, Affiliate or advertiser services, third-party content or third-party software.
You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
You acknowledge and agree that no partnership is formed between you and Crytivo by virtue of these Terms, and neither party has the power or the authority to obligate or bind the other.
The waiver by us of a breach of any provision of these Terms will not be taken or held to be a waiver of the provision itself.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.
You hereby agree that Crytivo would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we are 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.
You agree that Crytivo is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Crytivo, including without limitation any failure to perform under this Agreement due to unforeseen circumstances or cause beyond Crytivo’s 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.
You agree that we may provide you with notices, including notices regarding changes to these Terms, through your Account, by email, or through postings on the Service.
Any software that may be available in connection with the Service is further subject to U.S. export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.

These Terms constitute a legally binding agreement between you and Crytivo, and these Terms are accepted by you upon your use of the Service or your creation of your Account.