Krikey Terms of Service
Last Updated: September 3, 2021
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND KRIKEY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use the Services.
3. CHANGES TO TERMS OR SERVICES.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. USE OF THE SERVICES
(a) Eligibility. While some functionalities of the Services are provided to all users, for other aspects of the Services (such as the ability to create an Account), you must be at least the minimum age for personal data processing in your jurisdiction, and not otherwise barred from using the Services under applicable law. By using the Services, you represent and warrant that you (or your parent or legal guardian, as required by applicable law if you are unable to form a binding contract) have reviewed and agreed to these Terms. Parents and guardians are responsible for the acts of their children when using our Services.
(b) Registration and Accounts.
If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the App, or through your Google account or through other third-party accounts we may support (such as Apple), as selected by you during the account creation process via the App. If you choose the third-party account option, we’ll create your Account by extracting from your third-party account certain personal information such as your name and email address and other personal information that your third-party account privacy settings permit us to access.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You may not share, sell, or trade your Account or play with multiple accounts for a specific game experience within the Krikey App.
(c) Safety; Your Interactions with People, Places and Things. We encourage you to be aware of your surroundings, and play and communicate safely when using our Services. Without limiting any other requirements of these Terms, when you are using our Services you agree that:
You are solely responsible for your interactions with other people - those in the real world and other users of the Services. You will maintain safe and appropriate contact with others, and you will not harass, threaten or mistreat any other person.
You will not trespass, or directly or indirectly, attempt to enter or access, or enter or access any location, property or event where you do not have the right or permission to be present.
You will not engage in any activity that may result in bodily injury, death, nuisance, or property damage.
You can submit feedback, comments and suggestions for improvements to the Services (“Feedback”) by emailing us at firstname.lastname@example.org. If you choose to submit Feedback, you agree that we are free to use or otherwise exploit it (including through multiple tiers of sublicensing) without any restriction or compensation to you.
Certain game experiences available within the Krikey App may provide you with the opportunity to purchase in-game currency (“Game Currency”) and to use that Game Currency to purchase certain digital items or services expressly for use in the respective game experience (“Virtual Goods”).
(a) Payment Authorization. When you make a purchase for Game Currency, Subscription, and/or Virtual Goods (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction, and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
(b) Subscriptions. If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and on each month thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE KRIKEY TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Krikey. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(c) No Refunds; All Purchases and Redemptions are Final. Subject to these Terms, Transactions made through the Services are final and non-refundable. When you initiate a Transaction for Game Currency and/or Virtual Goods, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to use such Game Currency and/or Virtual Goods solely within the Services for your personal and non-commercial entertainment use and for no other purpose. You acknowledge that you do not acquire any ownership interest in the Game Currency or Virtual Goods. As a licensee, any Game Currency or Virtual Goods you receive through a Transaction have no cash or monetary value and are not redeemable or refundable for any “real world” money or anything of monetary value. Game Currency may only be redeemed for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from Krikey or anyone else. Any accrual or balance of any Game Currency or Virtual Goods does not reflect any stored value. Once you acquire a license to Game Currency or Virtual Goods from us, you may not sell or transfer them to another individual or account. Subject to applicable law, we may revoke your license to such Game Currency and/or Virtual Goods at any time consistent with these Terms with no liability to you.
(d) Cancelling Transactions. If your Transaction was completed in error, you may send us a timely email to email@example.com describing your issue and we may, in our sole discretion, offer a refund for your Transaction. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Your App Provider (as defined below) may have their own return policy on Game Currency and Virtual Goods; if such a policy applies to you, that App Provider’s return policy shall apply here instead. SUBJECT TO APPLICABLE LAW, YOU AGREE THAT YOU WON’T ASSERT OR BRING ANY CLAIM AGAINST KRIKEY, OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS RELATING TO (A) A CLAIM THAT YOU OWN ANY GAME CURRENCY OR VIRTUAL GOODS; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL GOODS LOST UPON DELETION OR SUSPENSION OF YOUR ACCOUNT OR MODIFICATION, TERMINATION, OR EXPIRATION OF THESE TERMS. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to firstname.lastname@example.org or use the account management controls available via the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the subscription Services will continue until the end of your then current Subscription period and will then terminate without further charges.
7. Content and Content Rights.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
(b) Content Ownership. Krikey does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Krikey and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to Krikey a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating, promoting, and providing the Services and Content. You grant us the right to watermark or otherwise tag all User Content you submit with our brand-identifying logos or other brand-marking to assist viewers of such videos in identifying the technology (our Services) used to create such videos.
(d) Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Krikey on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed, and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(f) Rights in Content Granted by Krikey. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
8. RIGHTS AND TERMS FOR APPS.
(a) Rights in App Granted by Krikey. Subject to your compliance with these Terms, Krikey grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Krikey reserves all rights in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are concluded between you and Krikey, and not with the App Provider, and Krikey (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Krikey.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Krikey will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third-party terms of service when using the App.
9. GENERAL PROHIBITIONS AND KRIKEY’S ENFORCEMENT RIGHTS
You agree not to do any of the following:
(a) Violate any of our Community Standards, which are incorporated herein by reference.
(b) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, inaccurate, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(c) Use, display, mirror or frame the Services or any individual element within the Services, Krikey’s name, any Krikey trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Krikey’s express written consent;
(d) Access, tamper with, or use non-public areas of the Services, Krikey’s computer systems, or the technical delivery systems of Krikey’s providers;
(e) Attempt to probe, scan or test the vulnerability of any Krikey system or network or breach any security or authentication measures;
(f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Krikey or any of Krikey’s providers or any other third party (including another user) to protect the Services or Content, or otherwise interfere with the normal operation or rules for the Services or gameplay;
(g) Use any unauthorized third party programs, including scripts, hacks, cheats, mods, bots, trainers and automation programs that interact with the Services in any way, for any purpose, including without limitation, any unauthorized third party programs that intercept, emulate, or redirect any communication relating to the Services and any unauthorized third party programs that collect information about the Services by reading areas of memory used by the Services to store information;
(h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(i) Use any meta tags or other hidden text or metadata utilizing a Krikey trademark, logo URL or product name without Krikey’s express written consent;
(j) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(k) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
(l) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(n) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(o) Impersonate or misrepresent your affiliation with any person or entity;
(p) Violate any applicable law or regulation or any instructions provided by Krikey in connection with your use of the Services; or
(q) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. DMCA/COPYRIGHT POLICY
Krikey respects copyright law and expects its users to do the same. It is Krikey’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Krikey’s Copyright and IP Policy at www.krikey.com/copyright, for further information.
11. LINKS TO THIRD-PARTY WEBSITES OR RESOURCES
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
12. GOOGLE MAPS FEATURES
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if you violate these Terms or if we suspect cheating, fraud or misuse of the Services or Content by you or that unlawful activity may be occurring in connection with your Account. You may cancel your Account at any time through your Account settings or by emailing us at email@example.com. Upon termination, discontinuation or cancellation of the Services or your Account, the following sections will survive: this sentence on Termination, Purchases (only for payments due and owing to Krikey prior to the termination), Content Ownership, Rights Granted by You, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law and Forum Choice, Dispute Resolution, General Terms, and the meaning of any defined terms.
14. WARRANTY DISCLAIMERS
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND CONTENT (INCLUDING, WITHOUT LIMITATION, ALL GAME CURRENCY AND VIRTUAL GOODS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
You will release, indemnify, and hold harmless Krikey and its officers, directors, employees, agents and sponsors, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
16. LIMITATION OF LIABILITY
(a) NEITHER KRIKEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KRIKEY OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL KRIKEY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO KRIKEY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO KRIKEY, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KRIKEY AND YOU.
17. GOVERNING LAW AND FORUM CHOICE
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Krikey are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Krikey each waive any objection to jurisdiction and venue in such courts.
18. DISPUTE RESOLUTION
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Krikey agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Krikey are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions. As limited exceptions to Section 18(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND KRIKEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
19. GENERAL TERMS
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Krikey and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Krikey and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Krikey’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Krikey may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Krikey under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Krikey’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Krikey. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact Krikey at:
2725 Sand Hill Road, Suite 120
Menlo Park, CA 94025 650-257-0835