Work For Us!

PerBlue Terms of Use

Last Updated: August 15, 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PRODUCTS. BY REGISTERING FOR, DOWNLOADING, SIGNING IN, OR OTHERWISE USING OUR PRODUCTS, YOU AGREE AND ACCEPT THESE TERMS OF USE (“TERMS”) AND ANY OTHER TERMS REFERENCED HEREIN, INCLUDING THE PAYMENT AND SUBSCRIPTION RENEWAL PROVISIONS IN SECTION 7, AND THE MANDATORY ARBITRATION PROVISIONS IN SECTION 17. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PRODUCTS IN ANY MANNER.

IMPORTANT NOTICE OF CLASS ACTION WAIVER AND ARBITRATION PROVISION: YOU AND PERBLUE AGREE TO RESOLVE MOST DISPUTES BY BINDING, INDIVIDUAL ARBITRATION AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH PERBLUE, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17(M) BELOW.

These Terms govern your use of our software, games, mobile applications, products, websites (including the domains provided by us), services, features, and contests (collectively, “Products”) provided by PerBlue Entertainment, Inc., a Delaware corporation (“PerBlue”, “we”, “us” or “our”). By using any Product, you agree to be bound by and comply with these Terms and acknowledge receipt of our Privacy Policy (available at https://perblue.com/privacy-policy/). If you do not agree to these Terms or our Privacy Policy, do not use our Products. The Terms apply regardless of the device used to access the Products, including without limitation, a personal computer, mobile device, tablet, console, other consumer electronics device, or any other technology or software known today or developed in the future (“Device”).

Except as set forth in Section 17, we may revise these Terms at any time and in our sole discretion. The most current version of these Terms will always be posted on our website. You will be responsible for reviewing and becoming familiar with any such revisions. If the revision, in our sole discretion, is material, we will post a notice on our website or in our Products or will otherwise communicate such revision to you including by e-mail. By continuing to use our Products after those revisions become effective, you agree to be bound by and comply with the revised Terms. If you do not agree to the revised Terms, stop using our Products.

In the event that you are required to agree to an additional governing agreement, including without limitation, a terms of use, end user license agreement, privacy policy, contest, sweepstakes or promotion terms (collectively, “Other Governing Agreement”), in order to use, access and/or download our Products, the Other Governing Agreement will govern to the extent there is a conflict between these Terms and the Other Governing Agreement. Notwithstanding the foregoing, Section 17 of these Terms will govern to the extent there is a conflict between it and any Other Governing Agreement.

1. Our Users

You may use our Products only if you can form a binding contract with PerBlue and are not a person barred from receiving our Products under the laws of the United States or other applicable jurisdictions. 

ANY ACCESS OR USE BY ANYONE UNDER THE AGE OF 13 (OR UNDER THE AGE OF DIGITAL CONSENT IN YOUR JURISDICTION) OR BY ANYONE LOCATED IN A RESTRICTED TERRITORY IS PROHIBITED. TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENTS AND LEGAL GUARDIANS MUST CONSENT TO THESE TERMS.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS ON YOUR AND YOUR CHILD’S BEHALF AND ACKNOWLEDGE RECEIPT OF OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR PRODUCTS.

If you are accepting these Terms and using our Products on behalf of a company, organization, government or other legal entity, then “you” includes you and that entity, and you confirm that you are authorized to bind that entity to these Terms and our Privacy Policy and agree to these Terms and our Privacy Policy on that entity’s behalf.

2. Your Use

(A) YOUR RESPONSIBILITY

You are responsible for your username and password, your account, your use of our Products, and any consequences thereof, and your compliance with these Terms and our Privacy Policy. You are responsible for ensuring that any username you select does not infringe any third party’s rights or is otherwise unlawful. We may refuse to grant you or revoke a username in our sole discretion for any reason, including if it impersonates or misleadingly implies an association with another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. If you create an account or user profile with PerBlue (“Registration Data”) or submit any forms to PerBlue, you agree to provide complete, accurate and up-to-date information and to update such information to keep it complete and accurate. If you provide any information that is inaccurate, not current or incomplete, or PerBlue has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, PerBlue may deny you access to terminate your account, at its sole discretion. You may use our Products only in compliance with these Terms, our Privacy Policy and all applicable laws, rules and regulations.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR REGISTRATION DATA, AND FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED AND ANY FEES OR CHARGES THAT ARE INCURRED THROUGH THE USE OF YOUR REGISTRATION DATA, AND/OR YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.

You may not use anyone else’s Registration Data or account at any time, and you may not allow anyone else to use your username and password or account at any time. You agree that we will not be liable or responsible for any loss you may incur as a result of someone else using your Registration Data or account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by us or another party due to someone else using your Registration Data or account. You will notify PerBlue immediately in the event of unauthorized use of or any other breach of your Registration Data or account. PerBlue may require you to change your Registration Data or may unilaterally change your Registration Data.

You may establish, maintain, use and control only one account. Each account may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts. In the event PerBlue determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that PerBlue may have, PerBlue reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

You agree that the sole and specific purpose of registering an account on PerBlue is to use our Products. You acknowledge, consent and agree that PerBlue may access, preserve and disclose your Registration Data and Submissions (defined below) if we believe it is appropriate or necessary to enforce these Terms, our Privacy Policy, any Other Governing Agreement, or any other agreement with you; take precautions against liability or fraudulent, abusive, or unlawful uses; investigate, respond to, and defend ourselves against third-party claims or allegations; respond to court orders, judicial or other official government requests, subpoenas, or warrants; comply with U.S. state and federal laws and regulations, including, but not limited to, sharing with appropriate tax authorities, or other applicable laws around the world (for example, in the country of your residence); protect the security or integrity of our Products; respond to your requests for customer service; report violations of PerBlue’s eligibility rules to third parties; and protect the rights, property, or safety of PerBlue, our employees, our users, or others.

(B) YOUR DEVICE

You represent and warrant that you own or control the Device you use to use our Products and understand that airtime, data, messaging and other charges from the provider of your Device may apply. It is your responsibility to determine what costs apply and to pay those costs. In addition, it is your responsibility to determine whether your Device is compatible with our Products. We do not make any representations, warranties or guarantees that our Products will be compatible with, or accessible by, your Device.

(C) YOUR INFORMATION

You acknowledge and agree that we may collect, use and/or disclose for our business and other legitimate purposes data and information regarding you, your Device and your use of our Products in accordance with these Terms and our Privacy Policy. You consent to receive notifications from PerBlue electronically, including e-mails and other types of communication from PerBlue via the Products or using the e-mail address or other contact information you provide in connection with the Products. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner, and you agree to keep your e-mail address information current.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy linked above.

(D) YOUR FEEDBACK

We appreciate your feedback, ideas and other suggestions about PerBlue and our Products (“Feedback”), which you have no obligation to offer. If you voluntarily choose to provide us Feedback, you agree that we are free to use it as we see fit and without any compensation or other obligation to you. You hereby grant PerBlue an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Feedback, and you irrevocably waive, and cause to be waived, against PerBlue and its users any claims of any moral or attribution rights in your Feedback.

(E) NOTICE TO USERS OUTSIDE THE UNITED STATES

Our Products are hosted and operated in the United States. If you are a user accessing our Products from any other jurisdiction with laws governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of our Products, which are governed by United States law, you are transferring your personal information to the United States and you consent to that transfer. We make no representations that our Products are appropriate or available for use in other geographic locations.

3. Your Permission to Use Our Products

Subject to your compliance with these Terms and our policies, including our Privacy Policy, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use our Products for your own personal, non-commercial entertainment use. You agree that you are permitted to use the data, text, pictures, graphics, audio, video, icons, content, features, links, software, and Virtual Items and Virtual Currency (each as defined below), including any game themes, plots, sequences and characters, and other in-game items, available in, on or through our Products (collectively, the “Materials”) only when using our Products for your own personal, non-commercial entertainment use. All right, title, and interest in and to our Products (including the Materials), including all intellectual property and proprietary rights therein and thereto, but excluding the Submissions made available by you and other users, are and will remain the exclusive property of PerBlue and its licensors. PerBlue reserves all rights in and to our Products (including the Materials) not expressly granted to you under these Terms. Nothing in these Terms gives you a right to use the PerBlue name or any of the PerBlue trademarks, trade names, trade dress, logos, service marks and domain names with respect to our Products.

4. Your Submissions

(A) USE OF YOUR SUBMISSIONS

A user of our Products, including you, may create, display, post, publish, share, submit or transmit comments, notes or other information regarding our Products or use of or experiences with our Products (collectively, “Submissions”) through forums, message boards or elsewhere in our Products. Your Submissions may be publicly viewable via the Products by other PerBlue users as well as generally on the Web. You should only make available Submissions that you are comfortable sharing publicly and for which you have no expectation of privacy. PerBlue strongly encourages you not to make available Submissions that contain your personally identifiable information or your confidential or proprietary information. Any Submissions will be deemed non-confidential. You are responsible and liable for your Submissions. You agree that your Submissions will not violate these Terms. You represent and warrant that you either are the sole and exclusive owner of your Submissions or you have all rights, licenses, consents and releases that are necessary to grant to PerBlue and its users the rights in your Submissions as contemplated by these Terms; and neither your Submissions nor your creating, displaying, posting, publishing, sharing, submitting or transmitting of your Submissions or the use of your Submissions (or any portion thereof) on, through or by means of our Products 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, rule or regulation.

By creating, displaying, posting, publishing, sharing, submitting or transmitting Submissions, you hereby grant PerBlue a perpetual (subject to account deletion), non-exclusive, worldwide, royalty-free, fully paid up, sublicensable (through multiple tiers) and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Submissions in any and all media or distribution methods (now known or later developed) for the purposes of developing, providing, operating, promoting and using our Products. In addition, you agree that this license includes the right for PerBlue to use, share or disclose your Submissions with companies, organizations or individuals that partner with PerBlue, and to further distribute your Submissions to a wider audience through third-party sites and services. These uses may be made by or on behalf of PerBlue without any compensation or other obligation, whether of confidentiality, attribution or otherwise, to you. Nothing in these Terms will restrict other legal rights PerBlue may have to user Submissions, for example, under other licenses. Following termination of your use of our Products, we may retain your Submissions for our business or other legitimate purposes, and for backup, archival or audit purposes. Furthermore, PerBlue’s users may retain and continue to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display any of your Submissions that other users have stored or shared.

(B) WE ARE NOT RESPONSIBLE FOR ANY SUBMISSIONS OR OTHER USER CONTENT

A Submission is the sole responsibility of the user who originated such Submission, and each user is responsible for their own conduct while using our Products. PerBlue does not take any responsibility and assumes no liability for monitoring our Products for any inappropriate or illegal Submissions or other conduct of users made available through our Products, including through forums, message boards, chat functions or elsewhere in our Products. We do not endorse, support, represent, warrant, guarantee or verify the appropriateness or legality of any Submissions or any other conduct of users of our Products. You understand that by using our Products, you may be exposed to Submissions or other user conduct that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Submissions that have been mislabeled, are deceptive or otherwise unsuited to your purpose. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review your Submissions and other conduct to determine whether you are complying with these Terms and our policies, and to edit, refuse to post or remove Submissions at any time and for any reason that we believe violate these Terms or our policies. In any forums, message boards or chat functions, we also reserve the right, and have absolute discretion, to moderate any interactions and remove any participants, including you, at any time and for any reason that we believe violate these Terms or our policies. However, under no circumstances will we take any responsibility for the Submissions or other conduct of users of our Products made available through our Products.

5. Restrictions and Limitations Regarding Your Use

(A) OUR PRODUCTS ARE EVOLVING

Our Products, including the Materials, are evolving and may change from time to time without prior notice to you. We reserve the right to modify, suspend or discontinue our Products, including any Materials, or any features or parts thereof without prior notice. You agree that we will not be liable for any such modification, suspension or discontinuance.

(B) YOUR RESPONSIBILITY FOR YOUR INTERACTIONS

You are solely responsible for your interactions (including any disputes) with other users of our Products. Even if we permit you to report users, block users or offer similar features in our Products, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Products and disclosing your personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline or in person. Your use of our Products is at your sole risk and discretion, and we disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact you, in compliance with applicable law, in order to evaluate compliance with these Terms. You agree to cooperate fully with PerBlue to investigate any suspected unlawful, fraudulent or improper activity, including granting authorized PerBlue representatives access to any password-protected portions of your PerBlue account.

(C) PROHIBITED SUBMISSIONS

In addition to the other restrictions outlined in these Terms, you will not create, display, post, publish, share, submit or transmit any Submission through our Products that:

  • is sexually explicit, suggestive, or revealing or pornographic,
  • creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal,
  • may create a risk of any other loss or damage to any person or property,
  • seeks to harm or exploit children by exposing them to inappropriate content or any other subject matter that is inappropriate for children, or asking for personally identifiable details or otherwise,
  • violates, or encourages any conduct that violates, applicable laws, rules or regulations,
  • contains any information or content we deem to be toxic, hateful, violent, harmful, bullying, abusive, discriminatory, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable,
  • contains any information which reveals any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual,
  • disparage, tarnish, or otherwise harm, in PerBlue’s opinion, the Product and/or PerBlue including its owners, affiliates, and employees,
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets),
  • infringes, misappropriates or violates any third party’s intellectual property, privacy, publicity, or other personal or proprietary rights,
  • links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content, or
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or is fraudulent, false, misleading, or deceptive.

(D) PROHIBITED ACTIVITIES

In addition to the other restrictions outlined in these Terms, you will not do any of the following while using our Products:

  • create an account with PerBlue for anyone other than yourself,
  • transfer, sell or trade your account, your Registration Data, or access to the Products to anyone without written permission from PerBlue,
  • facilitate real money bets or wagers,
  • create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a PerBlue official or representative, message board moderator, guide, or another user or host, or that you are a celebrity or public figure,
  • trick, defraud, or mislead PerBlue or other users, solicit another user’s login credentials or personal information, access another user’s account without express written permission, or otherwise access our Products by automated means, including through bots, robots or spiders,
  • dispute or chargeback any payments for purchases that have been successfully credited to your account within the Products or otherwise attempt to defraud PerBlue,
  • stalk, harass, bully, abuse or threaten other users,
  • use cheats, exploits, hacks, bots, mods or third-party software designed to gain an advantage, perceived or actual, over other users of our Products or engage in any other activity deemed by PerBlue to be in conflict with the spirit or intent of the Products, or modify or interfere with our Products,
  • access or use our Products from a restricted territory, or use software such as VPNs to obscure your true location in order to attempt to circumvent territory access restrictions,
  • access or use our Products for any purpose that is illegal or fraudulent, beyond the scope of their intended use or otherwise prohibited by these Terms, including any credit card scams or credit card misappropriation, or engage in, encourage, or promote any activity that violates these Terms,
  • engage in any Unauthorized Transactions, including any prohibited buying, selling, trading, or wagering of any Virtual Currency and Virtual Items for products, services, or other items not offered by PerBlue (including cash) or vice versa, or collect or store any personally identifiable information of our users from our Products without the express written permission of such users,
  • attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written approval to do so, or impersonate or misrepresent your affiliation with any other person or entity,
  • develop any third-party applications that interact with our Products without our express written approval to do so,
  • use our Products for any commercial purpose or the benefit of any third party without our express written approval to do so or in any manner not permitted by these Terms,
  • use, display, mirror or frame our Products, any individual element within our Products, the PerBlue name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written approval to do so,
  • interfere with or attempt to interfere with, disrupt, negatively affect or inhibit other users from enjoying our Products, or possibly damage, disable, overburden or impair the functioning of our Products in any manner, including without limitation (i) sending any unsolicited or unauthorized advertising, spam, solicitations or promotional materials, (ii) sending altered, deceptive or false source-identifying information, (iii) scripting the creation of Submissions in such a manner as to interfere with or create an undue burden on our Products, (iv) transmitting software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots, or without authorization or (v) abusing or exploiting a bug, glitch or similar issue in our Products,
  • attempt to access or search our Products or scrape or download Submissions from our Products, or otherwise use, upload content to, or create new links, reposts, or referrals in our Products through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by PerBlue or other generally available third-party web browsers,
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PerBlue or any of our providers or any other third party (including another user) to protect our Products,
  • access, tamper with, or use non-public areas of our Products, PerBlue’s computer systems, or the technical delivery systems of PerBlue’s providers,
  • probe, scan, or test the vulnerability of any system or network or breach, compromise or circumvent any security or authentication measures of PerBlue,
  • reverse engineer, decompile or disassemble any aspect of our Products or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Products,
  • modify, copy, reproduce, port, adapt, translate or create any derivative work based upon, our Products,
  • distribute, frame, republish, scrape, post, transmit, stream, broadcast, transfer, license, sublicense, publicly display, publicly perform, sell or otherwise exploit in any form or by any means, in whole or in part, any of our Products, which includes scrape user locations or power levels, or utilize any non public information about game play or other users and migrate that data anywhere,
  • remove or modify any trademarks, trade names, trade dress, logos, service marks, or copyright or other proprietary notices in or on our Products, or add any other markings or notices in or on our Products,
  • violate the rights of any user of our Products, or any law, rule or regulation, including use of our Products in jurisdictions where such use is prohibited by applicable law, or encourage or facilitate any violations of these Terms or our policies, including our Privacy Policy,
  • attempt to obtain, obtain or encourage others to obtain any refund with respect to our Products that is based on false, fabricated or fraudulent reasons or make improper use of PerBlue’s support services or submit false reports of abuse or misconduct; or
  • use any content or data from the Products to develop, create, train, test, fine-tune, prompt, benchmark, or validate any machine learning or artificial intelligence tools, models, systems, algorithms, products or other technologies.

A violation of this Section 5 may result in the removal of your content from our Products and/or the suspension or cancellation of your account or right and ability to use our Products. You acknowledge and agree that PerBlue may in its sole discretion remove any Submissions, block access to our Products or the content therein, and suspend or terminate any account at any time for any reason or no reason. To report abuse of these Terms, please contact us.

6. Virtual Items and Virtual Currency

You acknowledge that our Products may include fictional credits or currency that can be used only with our Products (“Virtual Currency”), and the Virtual Currency may be used to gain limited rights to use virtual items for use exclusively within our Products (“Virtual Items”).

If you acquire limited licenses to use Virtual Currency and Virtual Items from PerBlue, you agree that the Virtual Currency and the Virtual Items are provided solely for your own personal, non-commercial entertainment use, can only be used with our Products, and are not redeemable for any sum of money or monetary value from PerBlue or any other person or entity at any time. By acquiring Virtual Currency or Virtual Items, you receive a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the Virtual Currency and/or the Virtual Items, as applicable, as part of your use of our Products for your own personal, non-commercial entertainment use. You agree that you do not have any right, title or interest in and to the Virtual Currency and the Virtual Items, except for the express license rights set forth in this Section.

THE VIRTUAL CURRENCY AND THE VIRTUAL ITEMS DO NOT HAVE ANY CASH VALUE, AND NEITHER PERBLUE NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, NEGOTIABLE CURRENCY, AND IF YOUR ACCESS TO OUR PRODUCTS AND/OR YOUR ACCOUNT IS TERMINATED, WHETHER VOLUNTARILY OR INVOLUNTARILY, YOUR VIRTUAL CURRENCY AND VIRTUAL ITEMS WILL HAVE NO VALUE.

THE PRICES AND VALUE OF VIRTUAL ITEMS MAY FLUCTUATE SIGNIFICANTLY AND MAY EVEN GO TO ZERO. VIRTUAL ITEMS CANNOT BE USED TO DISCHARGE PAYMENT OBLIGATIONS, ARE NOT FINANCIAL PRODUCTS OR INVESTMENT PRODUCTS AND SHOULD NOT BE USED FOR FINANCIAL, SPECULATIVE, OR INVESTMENT PURPOSES. YOU ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH PURCHASING AND SELLING VIRTUAL ITEMS. WE WILL NOT PROVIDE ANY SUPPORT OR ADVICE WHATSOEVER CONCERNING THE VALUE AND/OR LIQUIDITY OF VIRTUAL ITEMS. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE VIRTUAL ITEMS.

Any balance of Virtual Currency or Virtual Items does not reflect any stored value. The use of Virtual Currency or Virtual Items within our Products may be limited as described in the applicable Other Governing Agreement. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Virtual Currency or Virtual Items at any time without any liability to you. If your account is canceled for any or no reason, you may forfeit any pending, current, or future Virtual Currency and Virtual Items and any other forms of unredeemed value in or associated with your account without prior notice to you.

We have the sole right to manage, modify and/or terminate the Virtual Currency and Virtual Items, and we will have no liability to you or anyone else for the exercise of such rights. For example, we have the sole right to make all calculations regarding your balance of Virtual Currency, including the amount of Virtual Currency that are credited and debited in connection with your use of our Products. While we strive to make such calculations on a consistent and reasonable basis, you agree that our determination of the amount of your Virtual Currency balance is final and binding, absent manifest fraud or error.

Any unauthorized exchange, trade, transfer, purchase or sale of any Virtual Currency or Virtual Items (“Unauthorized Transactions”) to anyone, including other users of our Products, is strictly prohibited. You acknowledge that PerBlue may terminate or reverse any Unauthorized Transaction and may suspend or terminate your use of our Products if you engage or assist in any Unauthorized Transaction.

You acknowledge and agree that PerBlue will have no liability for the loss of Virtual Currency and/or Virtual Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party’s or other user’s activity, including any Unauthorized Transactions. PerBlue may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability to you or any other user of our Products.

We may revise the pricing for Virtual Currency and Virtual Items offered through our Products at any time. We may limit the total amount of Virtual Currency or Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Currency and Virtual Items that may be held in your account in the aggregate. In addition, we may impose a maximum balance of Virtual Currency acquirable with United States Dollars or other applicable currency that you can maintain with PerBlue at any given time. You are only allowed to obtain Virtual Currency and Virtual Items from us or our authorized partners through our Products, and not in any other way.

7. Orders and Payments

A) PAYMENT

You agree to pay all fees and charges, including applicable taxes, incurred by you or through the use of your Registration Data, and/or the account registered to you. Unless otherwise indicated, all prices are in United States Dollars. If a price is in United States Dollars and if you are using a local currency, the actual amount charged to you may fluctuate based on currency exchange rates without notice to you. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges incurred plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR REGISTRATION DATA AND/OR YOUR ACCOUNT VIA THE PRODUCTS. IF YOU ARE A PARENT OR GUARDIAN, YOU AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD WILL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. YOU AGREE THAT ALL SALES ARE FINAL.

B) PRICING CHANGES

PerBlue may revise the pricing for the Products and its components at any time. If PerBlue makes a change to the subscription price for a Product, such change will not apply to you until such time as your current Subscription Service expires or is renewed (whichever is earlier).

Where prices increase for Subscription Services, we will notify you of the relevant fee increase prior to the renewal of your Subscription Service. After such time, your use of the applicable Products will be charged at the then-current prices. If you do not agree to these price changes, you must cancel your Subscription Services before the changes take effect through the processes set forth in Section 7(c). If you do not cancel your Subscription Services accordingly, your Subscription Services will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and we will charge your on-file payment card or method on the first day of the renewal of the subscription term. PerBlue provides no refunds for any purchases, except in our sole and absolute discretion, or as expressly set forth below in this Section.

C) ADDITIONAL SUBSCRIPTION TERMS

PerBlue may offer one or more of its Products on a recurring basis (“Subscription Services”). If you purchase Subscription Services, then you are requesting that PerBlue begin supplying the Subscription Services immediately and are entering into a subscription contract with PerBlue, which may be monthly or some other time period as agreed by you. You are also authorizing a charge in the amount of the subscription fee at the rate quoted at the time of purchase. For Subscription Services purchased through one of our Products played on a platform such as Apple, the applicable platform will charge you the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.

IF YOU ENTER INTO A SUBSCRIPTION SERVICE, UNLESS YOU CANCEL THE SUBSCRIPTION SERVICE BEFORE RENEWAL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE PAYMENT METHOD ON FILE IN YOUR ACCOUNT.

IF YOU DO NOT WANT YOUR SUBSCRIPTION SERVICE TO AUTOMATICALLY RENEW, YOU CAN CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME PRIOR TO RENEWAL BY MANAGING YOUR SUBSCRIPTION SERVICES ON THE PRODUCTS, VIA GOOGLE PLAY OR APPLE APP STORE, OR BY CONTACTING GAME SUPPORT (https://perblue.com/contact/). If you are a resident of the European Union and you purchase Subscription Services, the Subscription Services may be cancelled at any time within fourteen (14) days from the date of purchase, and you may obtain a refund of your initial payment minus a reasonable prorated portion to cover your use of the Product subscription prior to cancellation. Please review the appropriate platform’s cancellation terms for additional information.

We reserve the right to suspend, disable, cancel or terminate your subscription or convert your subscription account to a standard account at our discretion and without any notice. If we cancel your subscription, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Products violates these Terms or has harmed another user.

We reserve the right to charge fees for the right to use Virtual Currency or Virtual Items, and/or may distribute Virtual Currency or Virtual Items without charge, in our sole discretion. You agree that we may take any action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Items and/or any of our Products at any time.

You may purchase limited licenses to use Virtual Currency and Virtual Items from PerBlue in accordance with these Terms, and you agree that all such purchases are final and non-cancellable. If you order licenses for Virtual Currency or Virtual Items that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.

You expressly consent to the making available of Virtual Currency and/or Virtual Items immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Currency or Virtual Items from us, the right to withdraw from such purchases within fourteen (14) days from the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree that if you order limited licenses to Virtual Currency or Virtual Items from us, your right of withdrawal is forfeited upon your acceptance as performance begins immediately on your acceptance.

D) THIRD-PARTY PAYMENT PROCESSORS AND OFFERS

You may be required to provide the applicable platform through which you play our Product with your credit or debit card number or other payment information, and related billing information, in connection with your use of the Products, your purchase of Product subscriptions and/or your purchase of Virtual Currency or Virtual Items. You may also have the option of participating in third-party offers to receive Virtual Currency. We are not responsible or liable to you for any card or bank-related charges and fees related to your transactions on our Products, or for your participation in any third-party offers. All such transactions are administered by a third-party payment processor. PerBlue expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through any such third-party payment processor.

    E) CANCELLATION AND REFUNDS

    ALL PURCHASES WITH RESPECT TO THE PRODUCTS ARE FINAL AND NON-CANCELLABLE, AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE, EXCEPT THAT (1) EU CUSTOMERS MAY CANCEL WITHIN 14 DAYS OF THEIR INITIAL PURCHASE AS EXPRESSLY EXPLAINED ABOVE, AND (2) VIRTUAL CURRENCY MAY BE EXCHANGED FOR VIRTUAL ITEMS.

    YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR USERNAME AND PASSWORD AND/OR YOUR ACCOUNT VIA THE PRODUCTS. You agree to pay all fees or charges incurred by you, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in United States Dollars. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges you incur plus all applicable taxes. You agree to not otherwise dispute or charge-back any payments for purchases that have been successfully credited to your account within the Products or otherwise attempt to defraud PerBlue. Should PerBlue receive notice of any payment disputes or charge-backs for successfully completed purchases which have already been credited to your account, your account may be indefinitely suspended or terminated. 

      F) IN-APP PURCHASES

      When you make purchases through either the Apple iTunes service or the Google Play service, you agree to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). If you are unsure about your rights in purchases made through either service, you should check with your respective service before making a purchase. All payment-related requests related to such purchases should be directed to Apple or Google through their respective service, and are subject to their respective Terms and Conditions. We are not a party to any In-App Purchases, and we have no obligation to, and cannot, provide refunds or credits (except as required by law). All sales of Virtual Currency and Virtual Items are final, and charges paid by you are final and non-refundable, except as required by law or otherwise set forth in these Terms.

      8. Bonuses, Promotions, and Referral Program

      PerBlue Products may occasionally offer a one-time or limited-time loot, bonuses or other benefits (“Benefits”) to players who have a current Product subscription, agree to start a Product subscription, create an account, or refer others to create an account or start a Product subscription. You understand that these Benefits, which will generally be marked as “loot”, “bonus” or similar terminology, will not be a part of your ongoing Product subscription. Benefits must be used by and for the intended audience and purposes and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by PerBlue. Except as permitted by PerBlue, Benefits are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You agree we may change the terms and conditions governing the Benefits, terminate the Benefits program, or expire, deduct, limit, or modify your Benefits at any time for any reason, including but not limited to, in the event that PerBlue determines or believes that your participation in the Benefits program or use or redemption of Benefits was in error, fraudulent, illegal, or otherwise in violation of these Terms.

      Certain Benefits are awarded as “pending benefits” earned gradually when users engage with our Products. A user’s pending benefits are converted into a monetary credit that can be used to engage with the Products. Unless otherwise stated, any unconverted pending benefits remaining in a user’s account 45 days after it has been initially credited can be removed by PerBlue.

      In the event of abuse of the Benefits system by any user, PerBlue reserves the right to retract your Benefits.

      9. Third-Party Links, Sites and Products

      Our Products rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, Internet of Things platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Products. You acknowledge that (a) the use and availability of the Products is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Products operate.

      Specifically, certain items of independent, third-party code may be utilized in connection with the Products that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.

      We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Products (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

      We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Products at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Products.

      10. Security

      We care about the security of our users. PerBlue, however, cannot guarantee that unauthorized third parties will not be able to access your account. You are responsible for making sure that you keep your password secure and safe. We encourage you to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers and symbols). You agree that you will not share your password with others or do anything that might jeopardize the security of your password or account. You accept all responsibility for any activity that occurs with respect to your username and password, or your account, whether or not you are aware of such activity. Please notify us immediately of any unauthorized use of your username and password, or your account.

      11. Location-Based Services, Push Notifications, and Other Communications

      We may offer features that are based on the location of users and may report on the locations of those users as they use the Products (“Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion and may opt out of providing that information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through our Products. Under no circumstances will we be liable for claims or damages arising out of your informed decision to disseminate your location information through our Products.

      The Products may make use of push notifications to Devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you regarding offers, Products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Products, you may be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the Products, you may opt out by changing your notification settings on your Device or, if applicable, through the push notification service. In some instances, the Device manufacturer, not PerBlue, controls these notification settings.

      PerBlue may send you e-mails concerning our Products. You understand and agree that these communications are part of your registration and that, to the extent required by law, you may opt out of receiving these communications at any time by using the unsubscribe functionality. See more information in our Privacy Policy.

      12. Copyright Policy

      PerBlue respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly provided to us. We reserve the right to remove or disable access to content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, PerBlue will also disable and/or terminate the accounts of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.

      If you believe that any content on the Products infringe a copyright that you own or control, please provide us with the following information: (a) identification and description of the copyrighted work claimed to have been infringed, (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (c) a description of where on our Products the content that you claim is infringing is located that is reasonably sufficient to permit us to locate the material, (d) your contact information reasonably sufficient to allow us to contact you, including your full name, mailing address, telephone number and, if available, e-mail address, (e) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

      If your complaint fails to provide everything specified above, we may be unable to act on it. Our designated copyright agent for notice of alleged copyright infringement appearing on our Products is:

      Copyright Agent; PerBlue Entertainment, Inc.; 307 S Paterson St, Suite A; Madison, WI 53703

      legal@perblue.com

      13. Disclaimers

      Your use of our Products is entirely at your own risk. OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PerBlue makes no warranty and disclaims all responsibility and liability for: (a) the appropriateness, suitability, completeness, accuracy, availability, timeliness, security or reliability of our Products, (b) any harm to your Devices, loss or compromise of data, transactions or other materials, or other harm that results from your use of our Products, (c) the editing of, the failure to make available, or removal of any of your Submissions through our Products, (d) any system outages, unavailability or decreased functionality with respect to our Products, (e) whether our Products meeting your requirements or being available on an uninterrupted, secure or error-free basis, and (f) any Submissions, Feedback, or any Third-Party Materials or Third-Party Content made available via our Products. No advice or information, whether oral or written, obtained from PerBlue or through our Products will create any warranty not expressly made herein. While PerBlue attempts to make your use of our Products safe, we cannot and do not represent or warrant that our Products or any content provided therein or therewith or our servers are free of viruses or other harmful components or content or materials. PerBlue is not responsible for any damage to your Device resulting from accessing the Products, for your interactions with other users of the Products or for any damage or harm you may experience because of these interactions. All disclaimers of any kind (including in this Section and elsewhere in these Terms) are made for the benefit of PerBlue.

      Some jurisdictions do not allow such disclaimers, so the foregoing disclaimers may only apply to you up to the maximum extent permitted under applicable law.

      14. Suspension; Termination

      You may terminate your account or discontinue your use of our Products at any time for any reason. If you stop using our Products with or without terminating your account, your account may be terminated due to prolonged inactivity as determined by PerBlue. We may suspend or terminate your use of our Products at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) you create risk or possible legal exposure for us or any of our users or (c) our provision of our Products to you is no longer commercially viable. We will make reasonable efforts to notify you at the e-mail address that you provide to us or the next time you attempt to use our Products.

      Upon termination of your account for any reason, any Virtual Currency and/or Virtual Items to which you had access immediately prior to the time of termination will be lost and will no longer be available to you, and you will have no right to them. PERBLUE IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANY REASON, AND YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND/OR VIRTUAL ITEMS UPON TERMINATION FOR ANY REASON.

      Upon termination of your account for any reason, we will have no obligation to provide any of our Products to you, and your limited license to use our Products as set forth in these Terms will terminate. We will not be liable to you or any third party for termination of our Products or termination of your use of our Products. UPON ANY TERMINATION, ANY SUBMISSIONS THAT YOU HAVE SUBMITTED IN OUR PRODUCTS OR THAT ARE RELATED TO YOU MAY NO LONGER BE ACCESSED BY YOU, BUT WE, IN OUR SOLE DISCRETION, MAY SHARE SUCH SUBMISSIONS IN ACCORDANCE WITH THESE TERMS INDEFINITELY OR DESTROY ALL OR PART OF SUCH SUBMISSIONS WITHOUT ANY LIABILITY OR OBLIGATION TO YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to you or to forward any such information to you. Sections 2, 4, 5, and 12 through 19 of these Terms will survive termination of your account.

      15. Indemnity

      You agree to indemnify, defend and hold harmless PerBlue and its directors, officers, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your use of our Products, (b) your Submissions or Feedback, (c) your breach or violation of any of these Terms or (d) your violation, misappropriation, or infringement of the rights of other users (including intellectual property rights or privacy rights), or (e) your conduct in connection with the Products. You agree to promptly notify PerBlue of any third-party claims. PerBlue reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with PerBlue in defense of such matter.

      Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold harmless PerBlue and each of its officers, directors, employees, shareholders and representatives from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

      IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

      If you are not a California resident, you waive your rights under any statute or common law principle similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.

      16. Limitations of Liability

      YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS. IN NO EVENT WILL PERBLUE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING ANY ALTERATION, BREACH, COMPROMISE, CORRUPTION OR LOSS OF DATA) IN ANY WAY RELATED TO (A) THE USE OF OUR PRODUCTS, (B) THE PROVISION OF OUR PRODUCTS, (C) THE CONDUCT OF OTHER USERS OF OUR PRODUCTS, (D) THE USE OF ANY THIRD-PARTY CONTENT OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH OUR PRODUCTS, OR (E) THESE TERMS OR OUR PRIVACY POLICY. YOUR ONLY REMEDY AGAINST PERBLUE FOR DISSATISFACTION WITH OUR PRODUCTS IS TO STOP USING OUR PRODUCTS. IF, NOTWITHSTANDING THESE TERMS, PERBLUE IS FOUND LIABLE TO YOU, THE CUMULATIVE LIABILITY OF PERBLUE AND ITS LICENSORS TO YOU WILL IN NO EVENT EXCEED US$100.00. THESE LIMITATIONS WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT PERBLUE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      Some jurisdictions do not allow such limitations of liability, so the foregoing limitations will apply to you up to the maximum extent permitted under applicable law. THE LIMITATION OF LIABILITY DESCRIBED ABOVE WILL APPLY FULLY TO NEW JERSEY RESIDENTS.

      17. Arbitration and Class Action Waiver

      PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PERBLUE TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND PERBLUE FROM SUING IN COURT OR HAVING A JURY TRIAL. EXCEPT AS SET FORTH IN SECTION 17(L), YOU AND PERBLUE AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. PERBLUE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

      THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS.

      FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 17(M), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT EXCEPT AS SET FORTH IN SECTION 17(L).

      A) Claims This Section Applies To

      The dispute resolution and binding arbitration terms in this Section 17 apply to all Claims between you and PerBlue. For the purposes of this Section 17, a “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and PerBlue, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to your use of our Products, these Terms or our Privacy Policy, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

      B) Informal Dispute Resolution Prior to Arbitration

      If you have a Claim against PerBlue or if PerBlue has a Claim against you, you and PerBlue will first attempt to resolve the Claim informally for faster resolution and to reduce costs for both parties. You and PerBlue will make a good-faith effort to negotiate the resolution of any Claim for a period of sixty (60) days, or such longer period as mutually agreed in writing (e-mail suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with these Terms. The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

      You will send any Claimant Notice to PerBlue by certified mail addressed to PerBlue Entertainment, Inc.; Attn: Claimant Notice; 307 S Paterson St; Madison, WI 53703 USA or by e-mail to legal@perblue.com. PerBlue will send any Claimant Notice to you by certified mail or e-mail using the contact information you have provided to PerBlue. The Claimant Notice sent by either party must (i) include the sender’s name, address, e-mail address, and telephone number; (ii) describe the specific nature and basis of the Claim in detail, outlining specific alleged issues along with supporting evidence; and (iii) set forth the specific relief sought.

      You or PerBlue can file a Claim in arbitration only after the end of the Informal Resolution Period. You or PerBlue cannot proceed to arbitration before the end of the Informal Resolution Period. If you or PerBlue file a Claim in court or proceed to arbitration without complying with the requirements in Section 17, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

      C) Claims Subject To Binding Arbitration; Exceptions

      Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual-property rights of you or PerBlue, including any disputes in which you or PerBlue seek injunctive or other equitable relief for the alleged unlawful use of your or PerBlue’s intellectual property or other infringement of your or PerBlue’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 17(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

      D) Binding Individual Arbitration

      Subject to the terms of this Section 17, Claims may only be settled by binding individual arbitration conducted by Judicial Arbitration and Mediation Services (“JAMS”) linked HERE, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (the “FAA”). For Claims arbitrated by JAMS, the then-current version of the Streamlined Arbitration Rules, linked HERE, are the rules applicable to Claims between you and PerBlue as modified by these Terms (the “Rules”).

      These Terms affect interstate commerce, and the enforceability of this Section 17 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or PerBlue to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). To the extent that you prevail on a Claim and seek public injunctive relief (that is, injunctive relief whose primary purpose and effect is to prohibit and enjoin conduct harmful to the general 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.

      E) Arbitration Procedure
      You or PerBlue may initiate arbitration of any Claim not resolved during the Informal Resolution Period and not excluded under Section 17(c) by filing a demand for arbitration with JAMS in accordance with the Rules.

      Instructions for filing a demand with JAMS are available on the JAMS website. You will send a copy of any demand for arbitration to PerBlue by certified mail addressed to PerBlue Entertainment, Inc., Attn: Arbitration Demand,  307 S Paterson St; Madison, WI 53703 USA or by e-mail to legal@perblue.com. PerBlue will send any demand for arbitration to you by certified mail or e-mail using the contact information you have provided to PerBlue.

      The arbitration will be conducted by a single arbitrator in the English language. You and PerBlue both agree that the arbitrator will be bound by these Terms.

      The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and PerBlue agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

      F) Arbitration Fees
      Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.

      G) Frivolous or Improper Claims
      To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

      H) One Year to Assert Claims
      To the extent permitted by law, any Claim by you or PerBlue against the other must be filed within one (1) year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or PerBlue will no longer have the right to assert that Claim.

      I) Arbitration Venue
      For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the arbitrator will determine a location for the hearing within the United States that is reasonably convenient for you. For residents outside the United States, any in-person hearings will be held in Dane County, Wisconsin, United States of America.

      J) Confidentiality
      If you or PerBlue submits a Claim to arbitration, you and PerBlue agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and PerBlue agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

      K) Arbitration Award
      An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

      L) Coordinated Filings

      If 75 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings and be subject to a bellwether arbitration process. The JAMS Mass Arbitration Procedures and Guidelines, linked HERE, are the Rules applicable to Coordinated Claims as modified by these Terms.

      You or PerBlue may advise the other of your or PerBlue’s belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.

      The JAMS Process Administrator (as described in the Rules) will have the authority to implement the procedures set forth in the Rules for Coordinated Claims, including the authority to batch together individual arbitration demands into a single coordinated proceeding.

      M) Opting Out of Arbitration
      You have the right to opt out and not be bound by the arbitration requirement set forth above by sending written notice of your decision to opt out to legal@perblue.com with the subject line, “ARBITRATION OPT-OUT.” To be effective, the opt-out notice must (i) include your full name, mailing address, and e-mail address, (ii) clearly indicate your intent to opt out of binding arbitration to be valid and (iii)  be sent within thirty (30) days of your first download of, access to, or use of our Products; otherwise, you will be bound to arbitrate disputes in accordance with the terms of this Section. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18. If you opt out of these arbitration provisions, we also will not be bound by them with respect to Claims between you and PerBlue.

      N) Rejection of Future Arbitration Changes
      You may reject any change we make to Section 17 (except address changes) by sending us notice of your rejection to legal@perblue.com with the subject line, “ARBITRATION CHANGE REJECTION.” To be effective, the rejection notice must (i) include your full name, mailing address, and e-mail address, (ii) clearly indicate your intent to reject changes that were made to Section 17 and (iii) be sent within thirty (30) days of PerBlue providing notice of the updated Terms; otherwise, you will be bound to arbitrate disputes in accordance with the updated terms of this Section. Changes to Section 17 may only be rejected as a whole, and you may not reject only certain changes to Section 17. If you reject changes made to Section 17, the most recent version of Section 17 that you have not rejected will continue to apply. 

      O) Severability
      If a court or arbitrator decides that any portion of this Section 17 are unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

      18. Governing Law, Jurisdiction and Statute of Limitations

      These Terms and any Claims are governed by the laws of Wisconsin, United States. These Terms and any Claims are not governed by the conflict of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, and the application of each is expressly excluded. Any Claim that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of Dane County, Wisconsin, United States. You and PerBlue waive any objection to venue in any such courts.

      19. Miscellaneous

      If any provision of these Terms is held to be unenforceable, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining Terms will remain in full force and effect. The failure of PerBlue to enforce any provision of these Terms will not be deemed a waiver of such provision. You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without PerBlue’s prior written approval. All of our rights and obligations under these Terms are freely assignable or transferable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Except as set forth in Section 20, these Terms do not confer any third-party beneficiary rights.

      You agree that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms.

      The section titles in these Terms are for convenience only and have no legal or contractual effect.

      You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

      Please contact us at legal@perblue.com if you have any questions or comments about these Terms.

      20. Additional Terms for Our iOS App

      You acknowledge and agree that (i) these Terms are binding between you and PerBlue only, and Apple is not a party hereto, and (ii) as between PerBlue and Apple, it is PerBlue that is responsible for our app and the content thereof. You must use the iOS app only on an Apple-branded Device that runs iOS. Your use of our app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to our app.

      You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to our app or your possession and use of our app, including, but not limited, to (i) product warranty or liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that our app infringes a third party’s intellectual property rights.

      In the event of any failure of the iOS version of our app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for our app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and, as between Apple and PerBlue, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PerBlue’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit PerBlue’s liability in this regard.

      Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of these Terms.