Terms of Use

IMPORTANT - READ CAREFULLY: BY USING THIS WEBSITE AT JOLLYBEAR.COM (“SITE”) AND/OR INSTALLING, DOWNLOADING, COPYING AND/OR OTHERWISE USING ANY JOLLY BEAR GAMES (“GAME(S)”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“AGREEMENT”) WITH JOLLY BEAR GAMES, LIMITED. (“JOLLY BEAR”) AND THE TERMS SET FORTH BELOW. THE "GAME(S)" INCLUDES ALL SOFTWARE INCLUDED WITH THE VIDEO GAME(S), THE ASSOCIATED MEDIA, ANY UPDATES AND UPGRADES THAT REPLACE OR SUPPLEMENT THE SOFTWARE THAT ARE NOT DISTRIBUTED WITH A SEPARATE LICENSE, ANY SOFTWARE ASSOCIATED WITH THE ONLINE MODE OF THE VIDEO GAME(S), ANY PRINTED MATERIALS, ANY ONLINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. THIS AGREEMENT, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT THE SITE INCORPORATES OUR PRIVACY POLICY. BY USING THE SITE AND/OR INSTALLING, DOWNLOADING AND/OR USING THE GAME(S) AND ANY OTHER MATERIALS INCLUDED WITH THE GAME(S), AND ANY UPDATES AND UPGRADES THERETO, WHETHER THROUGH OUR WEBSITE OR THROUGH A THIRD PARTY PLATFORM (SUCH AS, POGO.COM OR FACEBOOK) YOU HEREBY ACCEPT THE TERMS OF THIS AGREEMENT WITH JOLLY BEAR. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE THIS SITE OR INSTALL, COPY OR OTHERWISE USE THE GAME(S). YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, GAME(S) OR ANY CONTENT, OR OTHER INFORMATION MADE AVAILABLE BY OR THROUGH JOLLY BEAR, IS TO STOP USING THE SITE AND THE GAME(S). YOUR AGREEMENT WITH JOLLY BEAR REGARDING COMPLIANCE WITH THE AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE AND/OR THE GAME(S). IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN THIS AGREEMENT, DO NOT USE THE SITE AND DO NOT DOWNLOAD OR USE THE GAME(S), AND JOLLY BEAR SHALL NOT AND DOES NOT GRANT TO YOU THE LICENSE TO INSTALL, DOWNLOAD AND/OR USE THE GAME(S).

YOU MUST BE AGE 16 OR OLDER TO USE THE SITE AND/OR THE GAME(S); IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THE SITE AND/OR THE GAME(S), AS WELL AS HAVE THEM READ AND AGREE TO THIS AGREEMENT.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 16 YEARS OF AGE, AND YOU AGREE TO THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THIS SITE AND/OR THE GAME(S) AND YOU HAVE QUESTIONS ABOUT THIS SITE AND/OR THE GAME(S) OR THESE TERMS, PLEASE CONTACT US AT support@jollybear.com.

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

User's Acknowledgment and Acceptance of Terms

The Site and the Game(s) are offered subject to your compliance with all of the terms and conditions contained herein and all other operating rules, policies and procedures. In addition, some applications offered through or in connection with the Game(s) may be subject to additional terms and conditions promulgated by Jolly Bear from time to time. Any material modifications to the Agreement will also be brought to your attention by posting on jollybear.com. Such material modifications will be effective immediately, and will apply to disputes arising under the Agreement from the date of posting forward. Your continued use of the Site and/or the Game(s) after a modification has been made to the Agreement constitutes your acceptance of such modification.

Limited Use License

Subject to your compliance with the terms and conditions of the Agreement, Jolly Bear hereby grants you a non-exclusive, non-transferable, limited right and license to: (a) view and use the Site for your personal and non-commercial use only and (b) use the Game(s) solely and exclusively for your personal and non-commercial use. IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS SET FORTH HEREIN, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF THE SITE AND/OR THE GAME(S) OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED. This license does not give you any title or ownership in the Site and/or the Game(s), and should not be construed as a sale or transfer of any intellectual property rights to the Site and/or the Game(s). All rights not specifically granted under this Agreement are hereby reserved by Jolly Bear and, as applicable, by its licensors.

No Right to Ownership

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE SITE OR THE GAME(S), AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF JOLLY BEAR. Except as expressly licensed to you herein, all right, title, and interest in and to the Site and/or the Game(s) and any and all associated copyrights, trademarks and intellectual properties therein and/or related thereto and all copies thereof (including, but not limited to, any patches, updates, copies, derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, images, animation, sounds, musical compositions, audio-visual effects, text, methods of operation, moral rights, "applets" incorporated into the Game(s), and any related documentation) are owned by Jolly Bear or Jolly Bear's licensors.

The Site and the Game(s) are protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game(s) may contain certain licensed materials, and Jolly Bear and Jolly Bear's licensors may protect their rights in the event of any violation of this Agreement. The Game(s) may be protected with Digital Rights Management (“DRM”) and the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can play the Game(s).

No Sale or Assignment

Jolly Bear does not recognize the transfer of the Game(s). You may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Agreement, either in whole or in part, without the prior written consent of Jolly Bear. Any attempt to do so shall be void and of no effect.

Logins

You may need a login user ID to login to use the Game(s). You are responsible for maintaining the confidentiality of your user ID and account, and you agree to notify Jolly Bear if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account, and Jolly Bear is not responsible for any unauthorized use of your account in the event that your user ID is stolen or revealed to a third party. You agree to immediately notify Jolly Bear of any unauthorized use of your account or any other breach of security in relation to this Game(s) known to you. You may not sell, transfer, give, or otherwise surrender your user ID to another party. You agree that you will not use other users' ID’s gathered from the Game(s) for commercial purposes and agree not to provide any other user's ID’s to any third party.

License Conditions

You agree to only use the Game(s), or any part of it, in a manner that is consistent with this Agreement, and you SHALL NOT:

(a) exploit the Game(s) or any of its parts commercially, in any manner or at any location;

(b) use the Game(s), or permit use of the Game(s), or make the Game(s) available for use in a network, multi-user arrangement, remote access arrangement, including where it could be downloaded by multiple users;

(d) reverse engineer, derive source code, modify, decompile, disassemble, copy, or create derivative works of the material on this Site or the Game(s), in whole or in part;

(e) remove, disable or circumvent any DRM, security protections, proprietary notices or labels contained on or within the Game(s) or hack or circumvent the Game(s) or any protections on VC (as defined below);

(f) export or re-export the Game(s) or any copy or adaptation in violation of any applicable laws or regulations;

(g) create data or executable programs which mimic data or functionality in the Game(s);

(h) cheat, interfere with, hack or use bots in conjunction with, the Game(s); or

(i) use the client portion of the Game(s) separate from the server based service that Jolly Bear offers (e.g., currently, our own servers or through Pogo or Facebook).

Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual or other documentation accompanying the Game(s), if any.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE GAME(S) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS ON THE SITE AND THE GAME(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JOLLY BEAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE GAME(S) AND ANY THIRD PARTY CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE OR THE GAME(S) WILL MEET YOUR REQUIREMENTS, (B) THE SITE OR THE GAME(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE SITE OR THE GAME(S) WILL BE INTEROPERABLE OR COMPATIBLE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE GAME(S) WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JOLLY BEAR OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE GAME(S) MAY BECOME OUT OF DATE, AND JOLLY BEAR MAKES NO COMMITMENT TO UPDATE SUCH GAME(S) OR CONTINUE TO OFFER SUCH GAME(S). THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE OR THE GAME(S), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THE USE OF THE SITE OR THE GAME(S) OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE SITE OR THE GAME(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. JOLLY BEAR HAS NO RESPONSIBILITY TO STORE YOUR GAME(S) DATA. YOU ACKNOWLEDGE AND AGREE THAT YOUR GAME PROGRESS DATA AND/OR VC OR VIRTUAL ITEMS ARE MANAGED BY THIRD PARTY PLATFORMS AND JOLLY BEAR HAS NO CONTROL OVER SUCH THIRD PARTY PLATFORMS.

JOLLY BEAR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE OR THE GAME(S), INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE GAME(S) FOR ANY PURPOSE. THE GAME(S), INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE GAME(S) MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of the Game(s) may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site and/or the Game(s), and therefore, delays and disruption of other network transmissions are completely beyond Jolly Bear's control.

IF YOU USE THE GAME(S) ON A MOBILE DEVICE, THE GAME(S) WILL USE YOUR DATA UNLESS YOU USE WIFI. YOUR CARRIER MAY BLOCK OR LIMIT ACCESS TO THE GAME(S).

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JOLLY BEAR IS TO STOP USING THE SITE AND/OR THE GAME(S). IN NO CASE SHALL ANY LIABILITY OF JOLLY BEAR TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS AND THE AMOUNT THAT YOU PAID FOR THE APPLICABLE GAME(S) GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL JOLLY BEAR OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND/OR THE GAME(S), INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF JOLLY BEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF JOLLY BEAR AND THE JOLLY BEAR PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Waiver

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Software of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of any other state or country, you make any waivers that are analogous to the foregoing waiver.

A Note About Your Health

If you or anyone in your family has ever had symptoms related to epilepsy (such as, seizures or loss of consciousness) or headaches when exposed to flashing lights or contrasting visual patterns, consult your doctor prior to using the Game(s). Immediately cease using the Game(s) if you experience any symptoms of dizziness, blurred vision, headaches, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement or convulsion. If you elect to use the Game(s), you should take certain standard health and safety precautions, such as avoiding using the Game(s) when tired, taking 10 to 15 minute breaks every hour, sitting a reasonable distance from the screen, and using the Game(s) in a well-lit environment.

Indemnification

Upon a request by Jolly Bear, you agree to defend, indemnify, and hold Jolly Bear and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees that arise from (a) your use of, or activities in connection with the Site and/or the Game(s); and (b) any violation of the Agreement by you. Jolly Bear reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Jolly Bear in asserting any available defenses.

In-game(s) Purchases

When you use the Game(s)s through certain platforms, such as Pogo.com, you may have the opportunity to purchase virtual in-Game(s) fictional currencies ("VC") through that third party platform which may be purchased with real world currency and can then be exchanged within the Game(s) for limited license right(s) to use a feature of the Game(s) or virtual item in the Game(s). VC and/or virtual items have no real value, and are not transferable or redeemable for any sum of real world money or monetary value from Jolly Bear at any time. You agree that Jolly Bear has the absolute right to manage, regulate, control, modify and/or eliminate such VC and/or virtual items as it sees fit in its sole discretion, in any general or specific case, and that Jolly Bear will have no liability to you based on its exercise of such rights. VC and/or virtual items cannot be used for any kind of wagering, betting or gambling either within or outside of our Game(s). You acknowledge that at no time do you own, nor have any right to, the intellectual property affiliated with VC. You are hereby prohibited from reselling or distributing VC outside of the Game(s) without the expressed written consent of Jolly Bear.

Your purchases of VC are non-refundable and are made at your own risk. If you have any billing problem or question, please contact the third party platform through which you made the purchase. If your account is disabled your use of any VC or virtual items will not be returned, nor will any cash or any VC that you used to purchase such items be refunded.

Third Party Content and Ads

Certain information, content and advertisements displayed on or within the Site and/or the Game(s) may be provided by third parties ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. Jolly Bear is not responsible for the content or nature of any Third Party Content.

International Use

Although the Site and/or the Game(s) may be accessible worldwide, we make no representation that the Site, the Game(s) or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Site and/or the Game(s) from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Site and/or the Game(s) is void where prohibited. Without limiting the foregoing, the Game(s) may not be exported or re-exported (a) into (or to a national resident of) 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 Denied Person's List or Entity List. By accessing and using the Site and/or the Game(s), you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

Termination And Survivability Of Terms

The Agreement set forth herein continues to remain in full force and effect until such time as terminated by either party. You agree and acknowledge that you are not entitled to any refund for any amounts you paid prior to any termination. You retain full discretion to end or terminate your account, if applicable, and discontinue use of the Site and/or the Game(s) at any time, pursuant to the terms of this Agreement. Without prejudice to any other rights of Jolly Bear, this Agreement shall terminate automatically if you fail to comply with its terms and conditions. Upon termination, you must destroy all copies of the Game(s), if any, and cease all use of the Game(s). Jolly Bear also reserves the right to terminate inactive Game(s) accounts. Jolly Bear may discontinue, either temporarily or permanently, server support for the Game(s). The provisions titled “Disclaimer of Warranties, “Limitation of Liability,” “Waiver,” “Indemnification,” “Miscellaneous,” and “Arbitration and Class Action Waiver” shall survive any termination of this Agreement.

Injunction

Because Jolly Bear would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Jolly Bear shall be entitled, without bond or other security or proof of damages, to take such action as may be required, including seeking an injunction and other equitable remedies, in addition to any other remedies available to it under the applicable law.

Miscellaneous

This Agreement represents the complete agreement between you and Jolly Bear concerning the Site and the Game(s) and supersedes all prior agreements and representations, warranties or understandings between you and Jolly Bear (whether negligently or innocently made but excluding those made fraudulently), regarding the same subject matter. Jolly Bear reserves the right to amend this Agreement at any time, at its sole discretion. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Any failure by us to enforce or exercise any provision of the Agreement or related rights shall not constitute a waiver of that right or provision.

Jolly Bear may assign this Agreement, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without Jolly Bear's express prior written consent. Jolly Bear's performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement is in derogation of Jolly Bear's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site and/or the Game(s) or information provided to or gathered by Jolly Bear with respect to such use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Site and/or the Game(s) or for loss of game progress data or your VC or purchased virtual items arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, terrorism, fire, denial of service attack, internet outages, accident, adverse weather, inability to secure transportation, governmental act or regulation, third party acts or omissions and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. The parties agree that all correspondence relating to this Agreement shall be written in the English language.

Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Jolly Bear agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to this Agreement, you agree to resolve any and all disputes with Jolly Bear as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Jolly Bear's support department at support@jollybear.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Jolly Bear support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to this Agreement (including the Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. 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 this Agreement or the Privacy Policy, including but not limited to any claim that all or any part of this Agreement or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 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 www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (c) send one copy of the Demand for Arbitration to Jolly Bear at P.O. Box 7151, Menlo Park, CA 94026, U.S.A.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Jolly Bear will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Jolly Bear will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration 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 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 in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and Jolly Bear agree to submit to the personal jurisdiction of any federal or state court in San Mateo county, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration 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 Jolly Bear AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS USER 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 their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property 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.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Jolly Bear) written notice of your decision to opt out to Jolly Bear Games, P.O. Box 7151, Menlo Park, CA 94026, U.S.A., with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Jolly Bear also will not be bound by them.

Changes to This Section: Jolly Bear will provide thirty (30) days' notice of any changes to this section by posting on the Jolly Bear Agreement, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Jolly Bear Agreement or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection 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 section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or cessation of use of the Site and/or the Game(s).

This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law.

You may contact Jolly Bear at the following address:

Jolly Bear Games
P.O. Box 7151
Menlo Park, CA 94026
U.S.A.