Welcome to Jump. We are a subscription service that provides our subscribers with access to, and use of a platform (the “Jump Platform”), platform services, software, websites, applications, user interfaces, features, functionalities, content and related updates and upgrades (collectively the “Jump Services”).
These terms of service (the “Terms” or this “Agreement”) are a legal contract between you and Jump that governs your use of the Jump Platform and your rights and obligations as a subscriber to the Jump Services.
As used in these Terms Jump “Jump”, “the Jump Platform”, “we”, “us”, “ours” and similar terms refers to Jump Gaming, Inc. The term “Developers” and “Third-Party Developers” in these Terms refer to third-party developers who have developed and published games that are available on the Jump Platform. “Games” refers to the games published by Third-Party Developers.
THESE TERMS CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE JUMP PLATFORM AND THE JUMP SERVICES, INCLUDING A PROVISION REGARDING BINDING ARBITRATION (OTHER THAN CERTAIN SMALL CLAIMS), A LIMITATION OF THE AMOUNT OF TIME YOU HAVE TO BRING CLAIMS AGAINST JUMP AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIAL AND/OR CLASS ACTIONS. PLEASE READ THE DISPUTE RESOLUTION SECTION 15 IN ITS ENTIRETY.
BY SETTING UP A JUMP ACCOUNT (AS DEFINED BELOW) AND ACCESSING THE JUMP PLATFORM AND USING THE JUMP SERVICES, YOU AGREE TO THESE TERMS. PLEASE READ THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT INSTALL THE JUMP PLATFORM OR USE THE JUMP SERVICES.
Jump reserves the right to change or modify these Terms on a going forward basis at any time and in our sole discretion, so please review it frequently. If we make changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you have provided, providing notice on the Jump Platform and/or updating the “last updated” date on the top of these Terms. Your continued use of the Jump Platform and the Jump Services will confirm your acceptance of the changes. If you do not agree to the changes, you must stop using the Jump Platform and the Jump Services. We encourage you to review these Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Jump Platform and the Jump Service.
1. Jump Account.
You need a Jump Account to access the Jump Platform. To create a Jump Account, you must have a valid email address, and provide truthful, current, complete and accurate information when completing your Jump Account registration. These Terms takes effect as soon as you complete registration and indicate acceptance of these Terms.
The Jump Platform and Jump Services are intended solely for users who are 13 or older. Registration by anyone under the age of 13 is unauthorized and in violation of these Terms. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Jump Services. Jump recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You represent and warrant that you (a) are not under the age of 13, (b) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), (c) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (d) will not use IP proxying or other methods to disguise the place of your residence, (e) will not use the Jump Platform or the Jump Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Jump Platform or the Jump Services suspended or terminated.
You are responsible for the activity on your Jump Account. You must maintain the security of your password and you accept all risks of unauthorized access to your account. Your Jump Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
3. Subscription and Billing.
The Jump Services are offered on a subscription basis. Your subscription membership (the “Jump Membership”), which may start with a free-trial, will continue month-to-month and will automatically renew unless and until you cancel your membership or we terminate. You must have Internet access and provide our third-party payment provider (the “Payment Provider”) with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) to access the Jump Platform and use the Jump Services. Our Payment Provider will bill the monthly membership fee (the “Membership Fee”) to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s Membership Fee to your Payment Method.
We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any material different terms from those in these Terms will be disclosed when you register for your account or in other communications made available to you at the time of registration. You can find specific details regarding your membership by visiting our website and clicking on “your account” link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
By starting your Jump Membership and providing or designating a Payment Method, you authorize our Payment Provider to charge your monthly Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the Jump Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
If your purchase of a Jump Subscription or any other purchase made in connection with your use of the Jump Platform or Jump Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. You are responsible for any Taxes due in connection with your Jump Subscription. You authorize our Payment Provider to charge your Payment Method for any Taxes.
The Membership Fee will be billed on the date that marks the beginning of your Jump Membership (after any promotional period) (such date, the “Payment Date”) and each month thereafter on the Payment Date unless and until you cancel your Jump Membership or we terminate your Jump Membership, in each case as provided herein. Our Payment Provider will automatically bill your Payment Method each month on the calendar day corresponding to the Payment Date. The Membership Fee is fully earned upon payment. We reserve the right to change the timing of our billing.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
Following any cancellation, however, you will continue to have access to the Jump Platform and the Jump Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link. Note that this will take you to our Payment Provider’s website. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize our Payment Provider to continue billing the Payment Method. If you fail to update your Payment Method, we may cancel your Jump Subscription.
You may cancel your Jump Membership at any time, and you will continue to have access to the Jump Platform and the Jump Services through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. The information on “Your Account” page will show you when your account will close.
You may be charged by your network provider for data services or any other third-party charges as may arise while using the Jump Platform and the Jump Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
The Jump Services and Jump Platform are comprised of works owned by Jump, which are protected by copyright, trademark, trade dress, patent and other intellectual property and applicable laws, rules and regulations. These Terms do not grant you or any other party any right, title or interest in the Jump Services or Jump Platform. Other than the limited license set forth below.
Jump hereby grants, and you accept, a personal, limited, non-assignable, non-exclusive revocable license to access and use the Jump Platform or Jump Services only for your personal non-commercial entertainment purposes, subject to your compliance with this Agreement (including the Restrictions on Use set forth below).
This license ends immediately, without further action of either party upon the earliest of (a) termination of this Agreement, (b) the conclusion of your final billing period after your cancellation of your Jump Subscription as set forth above or (c) our termination of your Jump Subscription in accordance with the terms of this Agreement.
Jump may from time to time make software available to you prior to the commercial release of such software (“Beta Software”). You are not required to use Beta Software, but if you do, your use will be subject to the following terms.
- Jump hereby grants you and you hereby accept a a personal, limited, non-assignable, non-exclusive revocable license to access and use Beta Software only for your personal non-commercial entertainment purposes, subject to your compliance with this Agreement (including the limitations and Restrictions on Use set forth below).
- Your right to use the Beta Software may be limited in time, and may be subject to additional Beta Subscription Terms.
- Jump may request or require that you provide suggestions, feedback or data regarding your use of the Beta Software, which will be deemed Feedback governed by the terms set forth below.
- In addition to the waivers and limitations of liability for all software set forth below, you specifically acknowledge that Beta Software is only released for testing and improvement purposes and, in particular to provide Jump with feedback on the quality and usability of the software and, therefore, contains errors, is not in final form and may create incompatibilities or errors to your computer, data and/or software. If you choose to install and/or use the Beta Software, you should use it only for testing and improvement purposes and only on a system where the malfunction of the Beta Software cannot cause any damage. In particular, you should maintain full backups of any system that you install the Beta Software on.
- This Beta Software license ends immediately, without further action of either party upon the conclusion of the published Beta Period.
If you are not presented with an end user license agreement for a Game by the applicable developer, the following license terms apply to your use of such Game: subject to the terms of this Agreement (including the Restrictions on Use set forth below): (a) the Third-Party Developer providing the Game (and not Jump) is the licensor of such Game; and (b) such party grants you a personal, limited, non-assignable, non-exclusive revocable license to access and use the applicable Game only for your personal and noncommercial entertainment purposes, subject to your compliance with this Agreement (including the Restrictions on Use set forth below)
This license ends immediately, without further action of either party upon the earlier of (a) termination of this Agreement, (b) entry into of a Third-Party Developer End-User License Agreement with respect to the licensed Game, (c) the conclusion of your final billing period after your cancellation of your Jump Subscription as set forth above or (d) our termination of your Jump Subscription in accordance with these Terms.
Restrictions on Use of the Jump Platform, Jump Services and Games.
You may not use the Jump Platform, Jump Services, any Beta Software and/or any Games licensed hereunder (collectively, the “Licensed Products”) for any purpose other than to make personal, non-commercial use of your Subscription. You may not access, copy, reproduce, publish, translate, distribute, modify, disassemble, decompile, or remove any proprietary notice or labels from any Licensed Product unless expressly authorized by Jump in writing or permitted by law. You may not create derivative works from, reverse engineer or attempt to extract, derive or otherwise use source code or other data from any Licensed Product unless expressly authorized by Jump or permitted by law.
Jump and/or its licensors, including the Third-Party Developers, own and reserve all other rights, including all right, title and interest in the Licensed Products, and associated intellectual property rights.
You are entitled to use the Licensed Products for your personal use only and you may not exploit the licenses granted hereunder for any commercial purpose whatsoever.
You will provide at your own expense the equipment and Internet connection required to access and use the Licensed Products.
5. Modification to the Jump Services, Jump Platform and Games.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Jump Service (or any part thereof), the Jump Platform, any Beta Software or any Game with or without notice. Jump does not guarantee that the Jump Platform, Jump Services, any Beta Software or any particular Game can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. We will use technology to verify your geographic location.
From time to time, Jump may update, change or modify the Jump Platform, any Jump Service, any Beta Software or any Game without notice to you. You may be required to adopt these updates and modifications in order to continue to use any Beta Software or the Jump Platform and the Jump Services.
Certain software may be required to access and use the Jump Platform, Jump Services, any Beta Software or the Games available on the Jump Platform. In addition, we may need to automatically update some of the software you obtain through the Jump Platform, Jump Services, Beta Software or Games or provide you with new software to keep these functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. We may perform these updates, including to software or content residing on your computer or device without notifying you. By using the Jump Platform, you agree to such automatic updating.
JUMP MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, MODIFY, TERMINATE OR DELETE ACCOUNTS OR ACCESS TO THE JUMP SERVICES, YOUR ACCOUNT OR ALL OR ANY PORTION OF LICENSED PRODUCTS AND PROHIBIT ACCESS TO THE GAMES AND OR ALL OR ANY PORTION OF THE LICENSED PRODUCTS, DELAY OR REMOVE UGC, AND JUMP IS UNDER NO OBLIGATION TO YOU OR ANY THIRD-PARTY FOR ANY SUCH LIMITATION, SUSPENSION, MODIFICATION, TERMINATION, DELETION, SUSEPNSION, PROHIBITION, DELAY OR REMOVAL.
6. User Generated Content.
You are responsible for your UGC. You may not upload UGC that infringes a third-party’s intellectual property rights or that violates the law, this Agreement or a third-party’s right of privacy or right of publicity. In addition, to the extent allowed by applicable laws you agree that you do not have any “moral rights” to such material. When you contribute UGC the information you contribute is public information and will be seen by the Public.
You represent and warrant that you have sufficient rights in all UGC that you contribute to grant the licenses in such content described below to Jump and other users of the Jump Platform set forth below.
UGC includes any content you make available to other users of the Jump Platform through social channels (including but not limited to message boards, bulletin boards, messaging or chat tools, game or player forums, multi-player game functionality) and any information you make available to Jump (including but not limited to any interaction with customer service or any employee of Jump).
We do not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by the users. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other content. Jump has no obligation or liability for UGC made available on the Jump Platform and we have no obligation to pre-screen, edit or monitor UGC. We do reserve the right, in our sole discretion, remove, edit or disable UGC for any reason, including if we reasonably determine that UGC violates this Agreement.
When you contribute UGC, you grant to Jump and its licensors a worldwide, non-exclusive, perpetual, transferable, sublicensable license to use, host, store, reproduce, distribute, transcode, translate, broadcast modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third-party. Jump is the sole owner of any derivative works created by Jump from your UGC and is therefore entitled to grant license on any such derivative works.
You also grant all other users who can access and use your UGC on the Jump Service or the Jump Platform the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Jump Service without further notice, attribution or compensation to you.
Separate and apart from UGC, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Jump, the Jump Platform and the Jump Services, including but not limited in response to any Beta Products (collectively, “Feedback”). You represent and warrant that you have sufficient rights in all Feedback that you contribute to grant the rights in such Feedback described in the next sentence to Jump. You agree that Jump and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you or any third-party.
8. Rules of Conduct.
Your online conduct and interaction with others who use the Jump Services or play any Game on the Jump Platform must comply with the rules of conduct set forth below and should be governed by common sense and basic etiquette. Third-Party Developers may impose additional rules of conduct in Third-Party Developer End User Agreements. We may terminate your Jump Account or Jump Subscription immediately, without refund, for any conduct or activity that is illegal, violates the rules of conduct, or otherwise negative affects the enjoyment of the Jump Platform or the Games by other users. You acknowledge that Jump does not have to give you notice before terminating your Jump Subscription and/or Jump Account.
When you access or use the Jump Services or play any game on the Jump Platform, you agree that you will not:
- Violate any law, rule or regulation.
- Access or use the Jump Platform or Jump Services in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying the Jump Platform or the Jump Services, including but not limited to in any manner that is, abusive, defamatory, harassing, threatening, bigoted, hateful, profane, threatening, offensive, vulgar, bullying, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, pornographic or otherwise offensive or reasonably objectionable.
- Publish, post, upload or otherwise make available any content (including screen names or personas) or information, or organize or participate in any activity, group or guild that is inappropriate, abusive, defamatory, harassing, threatening, bigoted, hateful, profane, threatening, offensive, vulgar, bullying, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, pornographic or otherwise offensive or reasonably objectionable.
- Use any server or network used to support or provide a Jump Service, including any hacking or cracking into a Jump Service.
- Use any software or program that damages, interferes with or disrupts a Jump Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs or any similar software or program.
- Publish, post, upload or otherwise make available any content or information that is illegal or that you don’t have permission to freely distribute (including due to intellectual property laws, rights of privacy or rights of publicity).
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, surveys, contests, spam, chain letters, pyramid schemes, duplicative emails and other types of solicitation or unsolicited emails (commercial or otherwise).
- Impersonate another person or falsely imply that you are a Jump employee or representative.
- Improperly use in-game support or complaint buttons or make false reports to Jump employees, third-party representatives or customer service forums.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Jump Platform or utilizing the Jump Service.
- Harvest or otherwise collect information about others, including email addresses.
- Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
- Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Create, use or assist any other player in using exploits, cheats, undocumented features, design errors or problems (collectively, “Cheats”) in a game offered on the Jump Platform.
- Directly or indirectly attempt to disable, circumvent or otherwise interfere with the operation of software designed to prevent or report the use of Cheats.
- Attempt to use the Jump Service on or through any platform or service other than the Jump Platform.
- Use a Jump Service or access the Jump Platform in a country in which Jump is prohibited from offering such services under applicable export control laws. We may use technology to verify your geographic location.
- Create a false identity for the purpose of misleading others.
- Use someone else’s identity to create a Jump Account or for any other purpose (including an in-game persona).
- Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Jump Account violates these rules, Jump may take action against you, including revoking access to all or part of the Jump Services and the Jump Platform, or terminating your Jump Account. When practical, Jump will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
If you encounter another user who is violating any of these rules, please report this activity to Jump by contacting Support at email@example.com.We may, in our discretion, monitor or record online activity or UGC on the Jump Platform, including in connection with your interaction with any Jump Services and/or in any Game played on the Jump Platform. This includes, but is not limited to, any activity on social features of the Jump Platform (including but not limited to message boards, bulletin boards, messaging or chat tools, game or player forums, multi-player game functionality) and any interaction with customer service. Jump may remove this type of information from the Jump Platform or any Game at its discretion. Remember that when you participate in these features the information you disclose is public information and will be seen by the public. Jump may store and access the information at any time, and it may be read, copied, collected or used by other users without your consent.
If we take any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights).
You are granted a limited, non-exclusive right to create text hyperlinks to our websites for noncommercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.
Jump Services may include hyperlinks to third-party websites, including our Payment Provider, our Third-Party Developers (who may, for example, have Third-Party Developer Terms of Service, Third-Party Developer Privacy Policies or Third-Party Developer License Agreements) and certain promotions. Those sites may collect data or solicit personal information from you. You understand and agree that we do not control those sites and are not responsible for their content or for their collection, use or disclosure of personal information.
11. Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any UGC, Game or other content on the Jump Platform or Jump Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA'”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works and an explanation of where such work or work(s) can be found on the Jump Platform;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send notifications of claimed infringement labeled “Attention DMCA Notices” to DMCAnotice@playonjump.com (the “DMCA Agent”, followed by a written notice to Jump Gaming, Inc., 177 E. Colorado Blvd, Suite 200, Pasadena, CA 91105, ATTENTION: DMCA Notices. For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Jump’s customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of these Terms, your DMCA notice may not be valid.
If you believe that your UGC that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your UGC, you may send a counter-notice containing the following information to DMCAnotice@playonjump.com:
- Your physical or electronic signature;
- Identification of the UGC that has been removed or to which access has been disabled and the location at which the UGC appeared before it was removed or disabled;
- A statement that you have a good faith belief that the UGC was removed or disabled as a result of mistake or a misidentification of the UGC; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed UGC or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the UGC provider, member or user, the removed UGC may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
YOUR USE OF THE JUMP SERVICE, JUMP PLATFORM AND BETA SOFTWARE AND POSTING OF UGC AND FEEDBACK IS AT YOUR SOLE RISK. THE JUMP SERVICES, JUMP PLATFORM, BETA SOFTWARE AND ALL OTHER MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THEM ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (FOR PURPOSES OF THIS PARAGRAPH, THE ‘JUMP PARTIES’) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JUMP SERVICE, JUMP PLATFORM, BETA SOFTWARE AND GAMES OUR USE OF ANY UGC AND/ OR FEEDBACK PROVIDED BY YOU AND YOUR USE OF THE JUMP SERVICE, JUMP PLATFORM, BETA SOFTWARE AND GAMES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE JUMP PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE JUMP PLATFORM, JUMP SERVICES, BETA SOFTWARE OR ANY OTHER CONTENT, MATERIALS OR INFORMATION ON THE JUMP PLATFORM, OUR E-MAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY SERVICES LINKED TO THE JUMP PLATFORM, JUMP SERVICES OR BETA SOFTWARE, AND THE JUMP PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES IN THE JUMP SERVICES, THE JUMP PLATFORM, OR BETA SOFTWARE OR ANY OTHER CONTENT, MATERIALS OR INFORMATION ON THE JUMP PLATFORM, JUMP SERVICES OR BETA SOFTWARE; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, THE JUMP PLATFORM, JUMP SERVICE OR BETA SOFTWARE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY UNAUTHORIZED ACCESS TO OUR USE OF OUR PAYMENT PROVIDERS SERVIERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JUMP PLATFORM, THE JUMP SERVICE OR ANY BETA SOFTWARE; (F) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE JUMP PLATFORM, THE JUMP SERVICE OR THE BETA SOFTWARE; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JUMP PLATFORM, THE JUMP SERVICE OR ANY BETA SOFTWARE BY ANY THIRD-PARTY.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE JUMP PLATFORM, JUMP SERVICE OR BETA SOFTWARE, INCLUDING OUR PAYMENT PROVIDER(S) AND THIRD-PARTY DEVELOPERS, OR ANY HYPERLINKED SERVICE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING OR PROMOTION, AND THE JUMP PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY TRANSACTION FOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS, THIRD-PARTY DEVELOPERS, PAYMENT PROVIDERS, OTHER THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE JUMP SERVICE OR JUMP PLATFORM OR (B) ANY MATERIALS OR INFORMATION AVAILABLE THROUGH THE JUMP PLATFORM. OR JUMP SERVICE NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS, THIRD-PARTY DEVELOPERS, PAYMENT PROVIDERS, OTHER THIRD-PARTY PROVIDERS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: 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.
15. Dispute resolution.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH JUMP LIMITS THE AMOUNT OF TIME YOU HAVE TO BRING CLAIMS AGAINST JUMP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JUMP (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
Binding Arbitration; Disputes; Small Claims.
You and Jump agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in Los Angeles County, California. This Section is referred to in these Terms as the “Arbitration Agreement”. “Dispute” as used in this Section 15 means any dispute, cause of action, claim, or controversy arising out of or in any way related to Jump, these Terms, the subject matter of these Terms, or access to and use of the Jump Platform or the Jump Services, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as the Third-Party Developers or Payment Providers), except any dispute, cause of action, claim, or controversy relating to Jump’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and Jump empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND JUMP BOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND JUMP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE JUMP SERVICE OR THE JUMP PLATFORM.
Pre-Arbitration Dispute Resolution.
Jump is interested in resolving disputes amicably. So, before you commence arbitration, please contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You and Jump agree that you shall attempt to resolve any dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Jump will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute labeled “Attention Notice of Dispute” to email@example.com, followed by a written notice to Jump Gaming, Inc., 177 E. Colorado Blvd, Suite 200, Pasadena, CA 91105, ATTENTION: Legal Notice.
Time for filing Claims.
Arbitration Services and Rules.
Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”) in effect on the date the arbitration is filed (“JAMS Rules”). JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
For all such arbitration proceedings, you and Jump each irrevocably submit to the exclusive jurisdiction of JAMS arbitration in Los Angeles County in the State of California and waive any jurisdictional, venue, or inconvenient forum objections to such arbitration. If the value of the relief sought is $7,500 or less you or Jump may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Jump subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Jump, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Jump Service or the Jump Platform, but is bound by rulings in prior arbitrations involving you and your use of the Jump Service and/or the Jump Platform to the extent required by applicable law.
Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorneys’ fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Jump all fees associated with the arbitration paid by Jump on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
Future Changes to this Arbitration Agreement.
Notwithstanding any provision in these Terms to the contrary, you and Jump agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Jump prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Agreement is posted to the terms of service page on our website, and shall not be effective as to any claim that was filed in a legal proceeding against Jump prior to the effective date of removal.
This Agreement is effective until terminated by you or us. We may terminate your access and use of the Jump Platform, Jump Services or your Jump Account if we determine that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of the Jump Services associated with your Jump Account. When practical, we will notify you of the termination. You may lose your user name(s) and persona(s) associated with the Games available on the Jump Platform as a result of a Jump Account termination. If your Jump Account is terminated, you will not have access to your Jump Account or any Games available on the Jump Platform, your Jump Subscription will be terminated as of the next billing cycle and you may be barred from accessing or using the Jump Platform and any Jump Service again. Upon termination, all of the licenses granted to you by Jump and any Third-Party Developers under this Agreement shall immediately terminate.
Instead of termination, we may issue you a warning or suspend your access to a Game, or the Jump Platform or Jump Services.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of the agreement between you and us, shall be deemed to survive for as long as necessary to fulfill such purposes.
17. General Terms.
Entire Agreement; Amendment and Waiver.
Governing Law and Jurisdiction.
These Terms, and any dispute between you and Jump, shall be governed by the laws of the State of California, without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Jump must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Jump agree to submit to the personal jurisdiction of the courts located within such county and state for the purpose of litigating all such claims or disputes.
Ability to Accept Terms.
You affirm that you are either more than 18 years of age (or the applicable age of majority in your territory, province or country), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Jump Platform and Jump Service are not intended for children under 13. If you are under 13 years of age, then please do not use the Jump Service or Jump Platform. Talk to your parents about websites are appropriate for you.
You agree to follow U.S. and other export control laws and agree not to transfer any Jump Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Jump is prohibited from doing business under these export control laws.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the severability provision set forth in the arbitration section, and the other provisions of these Terms shall remain in full force and effect except as specifically set forth in the arbitration section.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jump without restriction.
Jump Gaming, Inc.
177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105