Terms Of Service
Last Updated: January 2026
PLEASE READ THIS TERMS OF USE AGREEMENT (THESE “TERMS OF USE” OR “AGREEMENT”) CAREFULLY. THE PUZZLE PANIC! MOBILE APPLICATION (THE “APP”), AND THE FEATURES AND INFORMATION IN IT ARE CONTROLLED BY LIMIT BREAK INC. (“PUZZLE PANIC,” “WE,” OR “OUR”). THESE TERMS OF USE GOVERN THE USE OF THE APP AND APPLY TO ALL USERS USING THE APP IN ANY WAY, INCLUDING THE FEATURES THEREIN. BY DOWNLOADING THE APP AND/OR REGISTERING AN ACCOUNT, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PUZZLE PANIC, OR AS REQUIRED BY APPLICABLE LAW, HAVE RECEIVED YOUR PARENT OR GUARDIAN’S PERMISSION TO ENTER INTO THIS AGREEMENT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE APP.
PLEASE BE AWARE THAT SECTION 16 (ARBITRATION AGREEMENT), BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST PUZZLE PANIC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
Because your privacy is important to us, Puzzle Panic has made a privacy policy available to you at https://puzzlepanic.com/pp.html (“Privacy Policy”), which explains how we collect and use your content and information. Please read the Privacy Policy carefully.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY PUZZLE PANIC IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Puzzle Panic will make a new copy of these Terms of Use available within the App. We will also update the “Last Updated” date at the top of these Terms of Use. If any material changes are made, Puzzle Panic will also send an e-mail to you at the e-mail address associated with your Account, as applicable. Your continued use of the App after a change to these Terms of Use is made constitutes your acceptance. PLEASE REGULARLY CHECK THE APP AND THE “NEW RELEASE” NOTES MADE AVAILABLE IN THE APP STORES TO VIEW THE MOST CURRENT TERMS OF USE.
1. USE OF THE APP.
1.1 Description of the App. The App is designed to provide individual natural persons who have downloaded the App (“App Users”) with access to a casual, interactive puzzle game experience in which App Users swap, move, or manipulate in-game objects to form lines of three or more matching items in order to progress through levels and achieve in-game objectives. The game, titled Puzzle Panic!, is intended for entertainment purposes and challenges users through increasingly complex puzzle mechanics.
1.2 App License. The App and the information and content available therein are protected by copyright laws throughout the world. Subject to your compliance with this Agreement, Puzzle Panic grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal purposes. Certain components or libraries included in or bundled with the App constitute open-source software and are licensed under open-source licenses. To the extent required by such open-source licenses, the terms of such licenses will apply in lieu of the terms of this Section 1.2, solely with respect to those components or libraries that are licensed under such open-source licenses. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced App”), you will only use the Apple App Store Sourced App (a) on an Apple-branded product that runs on iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store, you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
1.3 Updates. You understand that Puzzle Panic may make updates to the App after you download it. These updates will be made available to App Users from the third party from which you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You will have the ability, at your option, to download any updates to the App that we make freely available through such App Stores. You acknowledge and agree that if you choose not to install available updates, the App may not operate in accordance with publicly available documentation regarding the features and functionality of the App and you may be unable to use the App (in whole or in part) until you do so. In addition, you may need to update third-party software from time to time in order to use the App. Any updates issued by Puzzle Panic and installed by you shall be deemed the App and shall be governed by this Agreement or any subsequent end user license agreement accompanying the update.
1.4 Responsibility for User Data and Communications. Puzzle Panic has no responsibility or liability for the deletion or accuracy of any data generated, enabled, or otherwise provided by an App User that is collected, stored, or received by the App, including Location Data and Registration Data (collectively, “User Data”), or the failure to store, transmit or receive transmission of any User Data; or the security, privacy, storage, or transmission of other communications originating with or involving use of the App.
2. OWNERSHIP.
2.1 App and User Data. Except with respect to your User Data, you agree that Puzzle Panic and its suppliers own all rights, title, and interest in and to the App. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App. You hereby grant to Puzzle Panic a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise use any and all of your User Data, and to sublicense the foregoing rights, in connection with the operation and maintenance of the App, any other Puzzle Panic products or services, or Puzzle Panic’s business.
2.2 Trademarks. The Puzzle Panic! name and all related graphics, logos, service marks, and trade names used on or in connection with the App or in connection therewith are the trademarks of Puzzle Panic and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks, and trade names that may appear on or in the App are the property of their respective owners.
3. REGISTERING AN ACCOUNT.
3.1 Registering Your Account. To access certain features of the App, you may be required to register an account on the App (“Account”) and enter certain information about yourself (“Registration Data”), have a valid account on a third-party service or social networking service (e.g., Google, Apple, Facebook) through which you can connect to the App, or have an account with the App Store from which you downloaded the App. App Users must be at least 13 years of age to register an Account and use the App. By creating an Account, you represent that you are at least 13 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an Account and use the App. As applicable, please have your parent or guardian read these Terms of Use with you.
3.2 Registration Data. In registering an Account, you shall (i) provide true, accurate, current, and complete Registration Data, and (ii) maintain and promptly update Registration Data to keep it true, accurate, current, and complete.
3.3 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Puzzle Panic. Puzzle Panic reserves the right to terminate your Account if it has been inactive for one hundred eighty (180) days, and, in such event, you shall not be entitled to any refund, as applicable. Furthermore, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Puzzle Panic immediately of any unauthorized use of your password or any other breach of security of which you become aware. If you provide any information that is untrue, inaccurate, incomplete, or not current, or Puzzle Panic has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete, or not current, Puzzle Panic has the right to suspend or terminate your Account and refuse any and all current or future use of the App (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Puzzle Panic reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the App if you have been previously removed by Puzzle Panic, or if you have been previously banned from using the App.
3.4 Necessary Equipment and Software. You must provide all equipment and software necessary to download and use the App and to connect to any third-party services or sites, including but not limited to, a mobile device that is suitable to connect with and use the App. You are solely responsible for any fees, including Internet connection, wireless network, or mobile fees, that you incur when accessing the App.
4. COLLECTION AND USE OF USER DATA.
4.1 Collection and Use of Personal Information. You acknowledge that the App may collect personal information about you (through your choice to store information in the App or through automatic technology tools), including location data collected from your mobile device leveraging GPS, Bluetooth, and/or other features or software (“Location Data”). You acknowledge that the App may provide you with opportunities to share personal information, including your Location Data, through the App or otherwise with others. All personal information collected in connection with this App is subject to our Privacy Policy. By downloading, installing, using, or providing personal information to or through this App, you consent to all actions taken by Puzzle Panic with respect to your personal information in compliance with the Privacy Policy. We recommend that you make your choices regarding sharing your personal information, through the App or otherwise, carefully, and we may provide you with certain selections in the “Settings” portion of the App to provide you with certain control over the sharing of such information. We are not liable for any consequences that may result because you have released or shared information, through the App or otherwise, with a third party.
4.2 License to User Data. You assume all risks associated with your use and access of User Data through the App, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your own User Data that personally identifies you or any third party. We do not claim ownership of any User Data. As between you and Puzzle Panic, you own all rights to your User Data made available by you through the App. However, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid-up license (sublicensable through multiple tiers) to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works of, publicly display and otherwise exploit your User Data (in whole or in part) for purposes of providing the App to you and other App Users, provided, however, that our exercise of our rights pursuant to the foregoing is consistent with our Privacy Policy.
4.3 Enforcement. We reserve the right (but have no obligation) to review any User Data, and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 5 (User Conduct and Certain Restrictions) or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Data, terminating your Account, and/or reporting you to law enforcement authorities.
5. USER CONDUCT AND CERTAIN RESTRICTIONS.
As a condition of use, you agree not to use the App for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the App or any portion of the App; (ii) frame or use framing techniques to enclose any trademark or logo located on the App or any other portion of the App (including images, text, page layout, or form); (iii) use any metatags or other “hidden text” using Puzzle Panic’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the App except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, and data mining tools) to scrape or download data from any web pages contained in the App (except that we grant the operators of public search engines revocable permission to use crawlers to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the App; (vii) impersonate any person or entity, including any employee or representative of Puzzle Panic; (viii) interfere with or attempt to interfere with the proper functioning of the App or use the App in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the App, introducing viruses, worms, or similar harmful code into the App, or interfering or attempting to interfere with use of the App by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the App; or (ix) take any action, post, publish, or otherwise make available any User Data on or through the App that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (B) constitutes unauthorized or unsolicited advertising, junk, or bulk email; (C) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Puzzle Panic’s prior written consent; (D) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual property or proprietary right; (E) is intended to stalk, harass, intimidate, or otherwise bother any individual, including any other App User, (F) that is in violation of (or facilitates any activity that is in violation of) any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable (as determined by Puzzle Panic in its sole discretion), or (G) in any manner would violate the privacy or publicity rights of any individual. Furthermore, the User Data in your profile may not contain nudity, violence, or offensive subject matter as determined by Puzzle Panic in its sole discretion. You may not post, publish, or otherwise make available a photograph of another person without that person’s permission. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Puzzle Panic reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to, or otherwise make unavailable any User Data without notice for any reason or for no reason at any time. If at any time Puzzle Panic chooses to monitor as such, Puzzle Panic assumes no responsibility for User Data and assumes no obligation to modify or remove any inappropriate User Data. Any unauthorized use of the App terminates the licenses granted by Puzzle Panic pursuant to this Agreement.
6. FEEDBACK.
If you provide Puzzle Panic with any ideas, suggestions, documents, and/or proposals relating to the App, Puzzle Panic’s other products and services, and/or Puzzle Panic’s business (“Feedback”) via email or other means, you do so at your own risk and you acknowledge and agree that Puzzle Panic has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Puzzle Panic a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the App, any other Puzzle Panic products or services, or Puzzle Panic’s business.
7. APP STORES.
7.1 General. You acknowledge and agree that the availability of the App is dependent on the App Store from which you received the App license. You acknowledge that this Agreement is between you and Puzzle Panic and not with the App Store. Puzzle Panic, not the App Store, is solely responsible for the App, including the content Puzzle Panic makes available therein, and the maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance). You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of the agreement imposed by the applicable App Store when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
7.2 Accessing and Downloading the App from the Apple App Store. The following applies to any Apple App Store Sourced App:
- You acknowledge and agree that (i) this Agreement is concluded between you and Puzzle Panic only, and not Apple, and (ii) Puzzle Panic, not Apple, is solely responsible for the Apple App Store Sourced App and content thereof. Your use of the Apple App Store Sourced App must comply with the App Store’s Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced App.
- In the event of any failure of the Apple App Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App Store Sourced App. As between Puzzle Panic and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Puzzle Panic.
- You and Puzzle Panic acknowledge that, as between Puzzle Panic and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Sourced App or your possession and use of the Apple App Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Puzzle Panic acknowledge that, in the event of any third-party claim that the Apple App Store Sourced App or your possession and use of that Apple App Store Sourced App infringes that third party’s intellectual property rights, as between Puzzle Panic and Apple, Puzzle Panic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and Puzzle Panic acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the Apple App Store Sourced App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Apple App Store Sourced App against you as a third-party beneficiary thereof.
- Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the Apple App Store Sourced App.
8. IN-APP PURCHASES; VIRTUAL CONTENT.
8.1 Virtual Content. In the App, you may be given the opportunity to receive in exchange for “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) virtual points or currency, (b) virtual in-app items, content, or features; and/or (c) other goods or services (subsections 8(a) through 8(c) are collectively referred to as “Virtual Content”). You agree that all sales by Puzzle Panic to you of Virtual Content are final and that Puzzle Panic will not refund any transaction once it has been made except where required under applicable law. Notwithstanding the foregoing, if you are resident in the European Economic Area, you have the right to withdraw from the purchase and the associated purchase terms (which may be set out by the applicable payment intermediary for the purchase, e.g., Google or Apple) within fourteen (14) calendar days. However, as a resident in the European Economic Area, you agree that when you purchase Virtual Content from us, you request immediate performance and that you understand this means you will lose your statutory right to withdraw from your purchase and the associated terms once you access and use the Virtual Content. If you are resident in the United Kingdom, when you purchase Virtual Content and we immediately supply the Virtual Content to you, you will be asked to acknowledge that this means you will lose your statutory right to withdraw from your purchase and the associated term. Virtual Content does not accrue interest, are not insured by the Federal Deposit Insurance Corporation (FDIC), and to the fullest extent permitted under applicable law, have no monetary value and can never be exchanged for any real money, real goods, or real services from Puzzle Panic or anyone else. Virtual Content does not have an equivalent value in real currency and does not act as a substitute for real currency. You agree that Virtual Content is not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Content to anyone else. You do not own Virtual Content but instead you purchase a limited personal revocable license to use Virtual Content. To the fullest extent permitted under applicable law, any inclusion or balance of Virtual Content does not reflect any stored value. Puzzle Panic may manage, regulate, control, modify, or eliminate Virtual Content at any time, with or without notice to you. To the fullest extent permitted under applicable law, Puzzle Panic shall have no liability to you or any third party in the event that Puzzle Panic exercises any such rights. ALL LICENSES AND REDEMPTIONS OF VIRTUAL CONTENT MADE THROUGH THE APP ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW.
8.2 Payment of Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account in connection with your license of Virtual Content. By electing to license Virtual Content through the App and providing Puzzle Panic with your payment information, you agree that Puzzle Panic is authorized to immediately invoice your Account for all fees and charges as they become due and payable and that no additional notice or consent is required. Puzzle Panic may revise the pricing for the Virtual Content offered through the App at any time. YOU ACKNOWLEDGE THAT PUZZLE PANIC IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
9. INDEMNIFICATION.
You agree to indemnify and hold Puzzle Panic, its parents, subsidiaries, affiliates, officers, employees, volunteers, agents, partners, suppliers, and direct and indirect licensors, including licensors of applicable open-source software, and any collaborators or licensors of any of the foregoing (each, a “Puzzle Panic Party” and collectively, the “Puzzle Panic Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use the App; (b) your violation of this Agreement, including Section 5 (User Conduct and Certain Restrictions) above; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules, or regulations. Puzzle Panic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Puzzle Panic in asserting any available defenses. This provision does not require you to indemnify any of the Puzzle Panic Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, or misrepresentation, concealment, suppression, or omission of any material fact in connection with the App. You agree that the provisions in this section will survive any termination of this Agreement and/or your use of or access to the App.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS.
10.1 AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE APP IS AT YOUR SOLE RISK, AND THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE PUZZLE PANIC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE APP.
- THE PUZZLE PANIC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE APP OR ITS FEATURES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP WILL BE ACCURATE OR RELIABLE.
- ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE APP IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE APP, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
- THE AVAILABILITY OF THE APP AND ITS FEATURES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. PUZZLE PANIC MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE APP OR ITS FEATURES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS THEREOF.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PUZZLE PANIC OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- FROM TIME TO TIME, PUZZLE PANIC MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS APP USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT PUZZLE PANIC’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
10.2 No Liability for Conduct of Third Parties. YOU AGREE THAT PUZZLE PANIC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PUZZLE PANIC PARTIES LIABLE, FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES, INCLUDING THE ACTIONS OF ANY OTHER APP USER WITH WHOM YOU CHOOSE TO INTERACT IN CONNECTION WITH YOUR USE OF THE APP (WHETHER VIA THE APP OR IN PERSON), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
11. LIMITATION OF LIABILITY.
11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE PUZZLE PANIC PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT THE PUZZLE PANIC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE APP OR ANY OF ITS ADVERTISED FEATURES; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER DATA; OR (3) ANY OTHER MATTER RELATED TO THE APP, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A PUZZLE PANIC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A PUZZLE PANIC PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A PUZZLE PANIC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PUZZLE PANIC PARTIES’ AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY U.S. DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.
11.3 Your User Data. NO PUZZLE PANIC PARTY ASSUMES ANY RESPONSIBILITY FOR THE SECURITY, TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSMIT ANY USER DATA, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUZZLE PANIC AND YOU.
12. INVESTIGATIONS.
If Puzzle Panic becomes aware of any possible violations by you of this Agreement, Puzzle Panic reserves the right to investigate such violations. If, as a result of the investigation, Puzzle Panic believes that you have committed criminal activity, Puzzle Panic reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Puzzle Panic is entitled, except to the extent prohibited by applicable law, to disclose any information or materials you provide to Puzzle Panic in connection with your use of the App, to (a) comply with applicable laws, legal process, or governmental request; (b) enforce these Terms of Use, (c) respond to your requests for customer service, or (d) protect the rights, property or personal safety of Puzzle Panic, the App, or the public, and all enforcement or other government officials, as Puzzle Panic, in its sole discretion believes to be necessary or appropriate.
13. TERM AND TERMINATION.
13.1 Term. These Terms of Use commences on the date when you accept them (as described in the preamble above) (the “Effective Date”) and remain in full force and effect while you use the App, unless terminated earlier in accordance with this Agreement.
13.2 Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that this Agreement commenced on the earlier to occur of (a) the date you first used the App or (b) the date you accepted this Agreement.
13.3 Termination by You. If you want to terminate this Agreement, you may do so by closing your Account at any time.
13.4 Effect of Termination. Termination of this Agreement requires you to delete the App and cease all use of it. All provisions of this Agreement which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
14. INTERNATIONAL USERS.
The App may be accessed from countries around the world and may contain references to services, content, and features that are not available in your country. These references do not imply that Puzzle Panic intends to announce such service, content, or feature in your country. The App is controlled and offered by Puzzle Panic from its facilities in the United States of America. Puzzle Panic makes no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other countries do so at their own volition and are responsible for compliance with local law.
15. REFERRAL PROGRAM.
The App offers features that allow you to invite your friends to use the App in exchange for certain benefits (“Benefits”) as part of a referral program (“Referral Program”). You may invite your friends to download the App by sending them an invitation link (a “Referral Link”). This section, in addition to the foregoing terms and any additional terms published in a referral invitation or otherwise associated with any particular Referral Program offer or promotional code (“Additional Referral Terms”), shall govern the Referral Program.
15.1 Sharing Referral Links.
Referrals are personal and should only be sent to individuals that you personally know and must be used only for personal, non-commercial purposes. The sharing of Referral Links outside of your warm network of personal connections is strictly prohibited. Referral Links may not be published or distributed, including on commercial websites (such as Reddit) or on blogs. You are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting, or messaging people you do not know or using automated systems through any channel to distribute your Referral Link. You are prohibited from paying to advertise any Referral Link or paying or providing anything of value to any person to whom you direct a Referral Link or any other third party to obtain a Benefit.
When sharing a Referral Link, you must always tell the individual that you will be receiving a Benefit (and the nature of such Benefit) if such individual registers an Account using your Referral Link and obtain the express consent of such individual prior to sharing any Referral Link. You shall at all times remain compliant with laws, rules, and regulations applicable to your referral activity. You agree to indemnify and hold harmless Puzzle Panic Parties from any and all damages, costs, claims, expenses, and other liability (including reasonable attorneys’ fees) arising from or relating to your referral activity hereunder or any breach or alleged breach by you of this section (Referral Program).
By permitting you to participate in the Referral Program, we are not authorizing you to make any statements on behalf of Puzzle Panic, our products and services, or the Referral Program, and all such statements are expressly disapproved by us.
15.2 Reservation of Rights.
Puzzle Panic may suspend or terminate the Referral Program or your ability to participate in it at any time for any reason. For example, we reserve the right to review and investigate all referral activities, and to suspend Accounts or revoke or void earned Benefits in our sole discretion if we notice any activity that we believe is abusive, fraudulent, in violation of this Agreement or any Additional Referral Terms, or otherwise as we deem fair and appropriate. To the fullest extent permitted by applicable law, we also reserve the right to deactivate Referral Links or change the Benefits associated with the use of any Referral Link or Referral Program offer at any time for any reason without notice to you.
Without limiting the foregoing, Puzzle Panic reserves the right, in its sole discretion, to retroactively revoke or void any Benefit that it deems, in its sole discretion, to be procured (a) in violation of this Agreement, including without limitation, (1) not in accordance with the eligibility requirements and (2) via distribution through unauthorized channels or in violation of any applicable law, rule, or regulation; or (b) in association with content that Puzzle Panic deems offensive or inappropriate in its sole discretion.
15.3 Multiple Referrals.
If a referred individual receives Referral Links from multiple individuals, only the individual associated with the Referral Link actually used by the referred individual to sign up for an Account will receive a Benefit for the referral.
16. ARBITRATION AGREEMENT.
Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Puzzle Panic and affects your rights. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
16.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Puzzle Panic agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the App, any communications you receive, any products sold or distributed through the App or this Agreement and prior versions of this Agreement, including claims and disputes that arose between us before the Effective Date (each, a “Dispute”) will be resolved by final, binding arbitration, rather than in court, except that: (i) you and Puzzle Panic may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Puzzle Panic may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
16.2 Informal Dispute Resolution.
There might be instances when a Dispute arises between you and Puzzle Panic. If that occurs, Puzzle Panic is committed to working with you to reach a reasonable resolution. You and Puzzle Panic agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome (“Informal Dispute Resolution”). You and Puzzle Panic therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), the parties will personally meet and confer telephonically or via videoconference, in a good-faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Puzzle Panic that you intend to initiate an Informal Dispute Resolution Conference should be sent by e-mail or regular mail to the addresses set forth in the “Contact Information” section below. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
16.3 Waiver of Jury Trial. YOU AND PUZZLE PANIC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Puzzle Panic are instead electing that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
16.4 Waiver of Class and Other Non-Individualized Relief. YOU AND PUZZLE PANIC AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 16.9 (BATCH ARBITRATION), EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE APP USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER APP USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 16.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Puzzle Panic agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Utah. All other Disputes will be arbitrated or litigated in small claims court. This section does not prevent you or Puzzle Panic from participating in a class-wide settlement of claims.
16.5 Rules and Forum.
This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/rules-forms-and-fees/consumer/.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the e-mail address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and e-mail address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Puzzle Panic otherwise agree, or the Batch Arbitration process discussed in Section 16.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and Puzzle Panic agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
16.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Utah and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 16.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
16.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 16.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 16.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 16.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 16.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 16.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
16.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Puzzle Panic need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
16.9 Batch Arbitration.
To increase the efficiency of administration and resolution of arbitrations, you and Puzzle Panic agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Puzzle Panic by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Puzzle Panic.
You and Puzzle Panic agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
16.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out: by email or regular mail to the addresses set forth in the “Contact Information” section below, within thirty (30) days after becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into the future, with us.
16.11 Invalidity, Expiration. Except as provided in Section 16.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Puzzle Panic as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
16.12 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Puzzle Panic makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Puzzle Panic via email or regular mail to the addresses set forth in the “Contact Information” section below, your continued use of the App following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the App, any communications you receive, any products sold or distributed through the App or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Puzzle Panic will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
17. GENERAL PROVISIONS.
17.1 Electronic Communications. The communications between you and Puzzle Panic may take place via electronic means, whether you send Puzzle Panic e-mails, or whether Puzzle Panic posts notices in the App or through updates made to the App in accordance with these Terms of Use or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Puzzle Panic in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Puzzle Panic provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
17.2 Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Puzzle Panic’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
17.3 Force Majeure. Puzzle Panic shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
17.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the App, please contact us by email or regular mail to the addresses set forth in the “Contact Information” section below.
17.5 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Puzzle Panic agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Summit County, Utah.
17.6 Governing Law. THESE TERMS OF USE AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF UTAH, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
17.7 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
17.8 Notice. You may give notice to Puzzle Panic by email or regular mail to the addresses set forth in the “Contact Information” section below. Such notice shall be deemed given when received by Puzzle Panic by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
17.9 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
17.10 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
17.11 Export Control. You may not use, export, import, or transfer the App except as authorized by U.S. law, the laws of the jurisdiction in which you accessed any Puzzle Panic property, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the App, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the App for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Puzzle Panic are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Puzzle Panic products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
17.12 Third-Party Beneficiaries. You acknowledge that the Puzzle Panic Parties are third party beneficiaries of Sections 9 (Indemnification), 10 (Disclaimer of Warranties and Conditions), and 11 (Limitation of Liability), and that they will have the right to enforce those provisions.
17.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
17.14 Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
18. CONTACT INFORMATION.
If you have any questions relating to these Terms of Use, please contact us at:
Limit Break Inc.
6300 Sagewood Dr. Suite H-128 Park City, Utah 84098
[email protected]