Work For Us!

PerBlue Terms of Use

Last Updated: April 1, 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PRODUCTS. YOUR USE OF OUR PRODUCTS MEANS ACCEPTANCE OF THESE TERMS. 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: THESE TERMS OF USE (THESE “TERMS”) ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION (SECTION 17) BELOW. 

These Terms govern your use of the 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” or “us”). By using any Product, you agree to be bound by and comply with these Terms and 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, consumer electronics device, or any other technology or software known today or developed in the future.

Except for 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 shall 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. 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 shall 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 is prohibited. 

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 AND OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR PRODUCTS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

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 COMPUTING DEVICE

You represent and warrant that you own or control the computing device you use to use our Products and understand that airtime, data, messaging and other charges from the provider of your computing 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 computing 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 computing device. PerBlue does not guarantee that our Products are available in all geographic locations.

(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 computing device and your use of our Products in accordance with these Terms and our Privacy Policy.

(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 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 shall be deemed non-confidential. You are responsible and liable for your Submissions. You agree that your Submissions shall 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 and its users a 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 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 shall 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,
  • 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 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 non-PerBlue items (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, or
  • 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.

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 SHALL 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 shall 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 shall 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

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. YOU AGREE THAT ALL SALES ARE FINAL.

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, we will let you know in advance. PerBlue provides no refunds for any purchases, except in our sole and absolute discretion, or as expressly set forth below in this Section.

PerBlue may offer one or more of its Products on a subscription basis. If you purchase a Product subscription, then you are requesting that PerBlue begin supplying the subscription 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 purchase a Product subscription, then your subscription will automatically renew each month or such other renewal period unless and until you terminate your subscription or PerBlue terminates your subscription. You must cancel your subscription before its next monthly or such other renewal period; otherwise, your payment of the next subscription fee will be taken automatically via your chosen payment method. You may cancel at any time by following the applicable cancellation instructions for the Product for which you purchased a subscription. If you are a resident of the European Union and you purchase a Product subscription, the subscription may be cancelled within 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 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.

You may be required to provide PerBlue or its designated agent, or 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.

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

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.

You consent to receive notifications from PerBlue electronically. 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 email address information current.

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 may contain advertisements and links for purchasing products and services, which may be targeted to your use of our Products. The types and extent of monetization of our Products by or on behalf of PerBlue, including advertising and links for purchasing products and services, are subject to change. In consideration for PerBlue granting you use of our Products, you agree that PerBlue and the companies, organizations and individuals that enter into agreements with us may place such advertising and links in our Products, whether made available by you or others, and you are not entitled to any compensation for such advertising, links or related activities.

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 shall 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. For mobile devices, the device manufacturer, not PerBlue, controls these notification settings.

PerBlue may send you emails 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. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification 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) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, (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.

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 repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Our designated copyright agent for notice of alleged copyright infringement appearing on our Products is:

PerBlue Entertainment, Inc.
Attn: Legal
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” 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 computing 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 (e) any Submissions, any Linked Items and any third-party information, websites, products, services, resources or other events or activities obtained 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. 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 email 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, 7 through 16, and 19 of these Terms shall 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, (c) your breach of any of these Terms or (d) your violation of the rights of other users. 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 SHALL 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 INFORMATION, WEBSITES, PRODUCTS, SERVICES, RESOURCES OR OTHER EVENTS OR ACTIVITIES OBTAINED VIA 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 SHALL IN NO EVENT EXCEED US$100.00. THESE LIMITATIONS SHALL 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.

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

17. Arbitration and Class Action Waiver

If you have a dispute with PerBlue in any way related to your use of our Products, these Terms or our Privacy Policy, you agree to attempt to resolve the dispute with us informally. If we are unable to resolve the dispute informally, we each agree to resolve the dispute by binding arbitration, except that you and PerBlue are not required to arbitrate any dispute in which either party seeks injunctive or other equitable relief for the unauthorized access or use of our Products or unlawful use of intellectual property.

If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated, then the parties agree to resolve by arbitration subject to the provisions in this Section. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or whether a claim is subject to arbitration.

To start an arbitration, you must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. You may find a copy of a Demand for Arbitration at https://www.jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111, USA; and (C) Send one copy of the Demand for Arbitration to us at 300 California Street, 3rd Floor, San Francisco, California 94104, USA.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provides otherwise. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in San Francisco County, California, United States of America.

You and PerBlue agree that JAMS will conduct the arbitration confidentially pursuant to JAMS’ then current rules with a single arbitrator.

You and PerBlue agree that the state or federal courts of San Francisco County, California, United States will have exclusive jurisdiction over any appeals of an arbitration award. Each party will be responsible for paying any JAMS fees in accordance with JAMS rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PERBLUE 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes.

Either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. For such disputes, you and PERBLUE agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, USA. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to legal@perblue.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first download of, access to, or use of our Products; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of this Section. If you opt out of these arbitration provisions, we also will not be bound by them.

PerBlue will provide 60 days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day. If a court or arbitrator decides that the foregoing change procedures to this Section are not enforceable or valid, then this paragraph shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver (or similarly named) section in existence after you first downloaded, accessed, or used the Products.

18. Governing Law, Jurisdiction and Statute of Limitations

These Terms are governed by the laws of Wisconsin, United States. These Terms 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. We each agree to submit to the exclusive jurisdiction of the state or federal courts of Dane County, Wisconsin, United States for any matters not subject to arbitration. No claim against PerBlue may be brought more than one year after the facts giving rise to such claim have arisen.

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 shall 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 product 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.