Terms Of Use

(Last Updated: March 14, 2023)

Pewty provides interactive software products (“Games”) via online services such as Apple iTunes App Store, Apple Mac App Store, Google Play Store, Facebook, Snap Games, Steam, Oculus Rift Store, Bandcamp, Zazzle, Amazon Appstore for Android, Samsung Appstore, PlayStation™Network, Nintendo Switch, Xbox Live Arcade and OnLive and owns and operates various websites and their subdomains including but not limited to www.pewty.fr (our “Sites”) to provide access to information about Pewty, the Games and Products, message boards, head to head match play or provide technical support to Pewty users. Please read the following terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of our Games, Products, Sites, and Content (defined below) and set forth the legally binding terms for your use of the Games, Products, Sites, and Content.

BY ACCESSING OR USING OUR SITES OR BY PURCHASING, DOWNLOADING AND/OR INSTALLING A GAME OR PRODUCT, AS APPLICABLE, YOU AGREE AND UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR SITES, GAMES, PRODUCTS OR CONTENT. Additional terms and conditions set forth in the applicable End User License Agreement may apply to your use of the Sites, Game or Product and such terms along with these Terms of Use shall apply. In case of any conflict between any term contained within an End User License Agreement and these Terms of Use, such End User License Agreement shall control. We reserve the right to amend these Terms of Use in any and all respects at any time.

We reserve the right to modify or discontinue the Sites, Games, Products or Content in any and all respects.  You agree to check pewty.fr/terms-of-use-en periodically for new information and terms that govern your use of our services.  Revisions to terms affecting existing services shall be effective thirty (30) days after posting at pewty.fr/terms-of-use-en.  Terms for new services are effective immediately upon posting at pewty.fr/terms-of-use-en.

Certain Definitions

Certain types of content are made available through the Sites and/or Games and Products. “Content” includes, but is not limited to, software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Sites, Games or Products, including their look and feel attributes, as well as the design and appearance of the Sites, the Pewty trademarks and logos and other content made available through the Sites, Games and Products. “User Content” means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Sites, Games or Products, including through use of any widget.  “Sensitive Information” means any personal information related to your health or sex life, genetic or biometric data, race, ethnicity, political views, religion, professional status, philosophical view, and trade or union affiliation.

Intellectual Property Rights

The Sites, Games, Products and Content are owned by Pewty and are protected by France and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized by us in writing to do so. You do not acquire any ownership rights in our Sites, Games, Products or Content by using the Sites, Games, Products or Content.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content, Games or Products. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Games, Products or Content. We reserve all rights in and to our Sites, Games, Products and Content that are not expressly granted to you in these Terms of Use. Making unauthorized copies of Games, Products and/or Content found on the Sites will result in the termination of your access to and use of the Sites, Games and Products and further legal action. We, or our licensors, may pursue criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold us harmless from any unauthorized or illegal conduct by you, or through your use of the Sites, Games or Products.

User Comments and Feedback

Our Sites, Games, and Products offer various opportunities to interact and share information, Sensitive Information, including your opinions and thoughts with us and other users in Game or via forums, social media pages (including Discord, Facebook, Twitter, and Instagram), digital storefronts operated by or through which our Games are published (“Digital Storefronts”), or via other initiatives. However, please note that such opinions or views expressed, or statements made in those instances (other than by our employees, officers, or authorized agents) via posts, user comments, feedback, “wiki” entries, online chat (via Discord, Facebook, Twitter or comparable social media outlets), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Pewty.

We do not review, edit or modify User Comments prior to their publication. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting these Terms of Use, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal or revocation.

You retain ownership in your User Comments and any intellectual property rights contained therein, provided such User Comments do not contain Feedback as defined below. We may from time to time publicly share or redistribute User Comments on our Sites, or through other community channels, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual and irrevocable right and license to use your User Comments in connection with the promotion of Pewty and its Games.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Sites, Products and Content (“Feedback”). You may submit Feedback via the Contact section of the website, through which you can also view the Support FAQ and contact the Customer Support team directly. By doing so, you acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to Pewty and agree to irrevocably assign to Pewty all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you further agree to execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Contributing Third Party Content

We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Sites, Games or Products. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless: (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third party. If you are an infringer of our, or a third party’s, intellectual property rights, we may terminate your access to and use of the Sites, Games or Product without notice to you. If your access is terminated to the Sites, Games or Products as a result of any infringement of intellectual property rights, you are not entitled to a refund for any fees you have paid to us.

Infringements

To the extent possible under International Law, we are not liable for any copyright infringement arising from any User Content. However, we have adopted and implemented a policy consistent with the U.S. Digital Millennium Copyright Act of 1998 whereby we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any social media platform used to share copyrighted works (in such event, you should look for the take down procedure supplied by the social media platform). If you believe that your copyrights are being violated by User Content or other materials located in our Game or on our Sites or other channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

2. A description of the copyrighted work that you believe has been infringed;

3. A description of where the material that you claim is infringing is located or identified on the Site, Game, Product, or channel under our direct control, including a verifiable link to the material;

4. Your name, address, telephone number, and email address;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and is not a permissible “fair use” of your work; and

6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner’s behalf.

The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at:

IP Infringements Officer

Pewty

630 chemin de Graboz

01140 Saint Etienne Sur Chalaronne

France

Email: contact@pewty.fr

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the agent referenced above before we can investigate your claim or re-post your content:

1. Your physical or electronic signature;

2. Your name, address, and phone number;

3. Identification of the material and its location before it was removed;

4. A statement under penalty of perjury that the material was removed by mistake or misidentification;

5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and

6. Your consent to accept service of process from the party who submitted the takedown notice.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Pewty in connection with the written notification and allegation of copyright infringement.

Contributing User Content; License Grant to Pewty

When you contribute User Content to the Sites, a Game or Product, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, 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. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.

Third-Party Services

The Sites and Games and Products may contain or link to third-party websites or resources (“Third-Party Services”). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such Third-Party Services; or (ii) the content, products, or services on or available from such websites or resources (“Third Party Materials”). Links to such Third-Party Services do not imply any endorsement by us of such Third-Party Services or Third Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sources or Third-Party Materials. Third-Party Services, Third-Party Materials and links to other websites are provided solely as a convenience to you.

Sweepstakes and Contests

We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Sites, Games and Products. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Sites, Games and Products, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

Privacy

Personal information gathered in connection with your use of the Sites, Game or Product, submitted with User Content, User Comments, Feedback or upon entry into Promotions shall be in compliance with our Privacy Policy, which is available at pewty.fr/privacy-policy-en and incorporated herein by reference.

Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. We provide it to you separately because: 1) it is not an agreement to which you must consent in order to enjoy our Sites, Games and Products—instead, the Privacy Policy exists solely to communicate or practices and your rights with respect to those practices; and 2) your privacy rights are important to us and deserve your undivided attention. Please take the time to review our Privacy Policy here: pewty.fr/privacy-policy-en.

If you have any questions about our Privacy Policy, please contact us via the Contact section of the website. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Sites or Game or Product, you should consult that site’s privacy policy before providing any personal information.

Rules of Conduct

By agreeing to these Terms of Use you acknowledge that you may not:

• Post, transmit, promote, or distribute User Content that is illegal.

• Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

• Transmit or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.

• Disrupt the flow of chat in chat interfaces with vulgar language, abusiveness, causing the interface to scroll excessively, use of excessive shouting (typing in all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).

• Impersonate another person (including celebrities), indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.

• Engage in any commercial activities, including but not limited to any attempts to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or multi-tiered marketing scheme.

• Attempt to get a password, account information, or other private information from any user.

• Upload any software or User Content that you do not own or have permission to freely distribute.

• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

• Upload files that contain a virus or corrupted data.

• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

• Modify any part of the Sites, Game, Product or Content that we do not specifically authorize you to modify.

• Post or communicate any other player’s real-world personal information through the Games or Products.

• Attempt to interfere with, hack into or decipher any transmissions to or from our servers.

• Attempt to use Games or Products on or through any service that is not controlled or authorized by us.

• Interfere with the ability of others to enjoy playing a Game or a Product or take actions that interfere with or increase the cost to provide Games and Products for the enjoyment of all its users.

• Obtain or attempt to obtain any unfair advantage, procure in-game items and/or currency, or bypass any game system by exploiting a bug, design flaw, technical issue, or by any other method.

Third-Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Sites, Games or Products.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to us via the Contact section of the website.

Termination

We reserve the right to terminate your access and prevent your use of any and all Sites, Games and Products if you engage in illegal activity or violate these Terms of Use in our sole discretion. We retain the right to investigate and pursue violations of any of the above, including intellectual property rights infringement and Sites, Game and Product security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Sites, Games, Products or Content or to review or edit any User Content, but have the right to do so for the purpose of operating the Sites, Games and Products, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, User Content, or other content that we, in our sole discretion, consider to be in violation of these Terms of Use or otherwise harmful to the Sites, Games or Products.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES, GAMES, PRODUCTS AND CONTENT 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, THE SITES, GAMES, PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITES, GAMES OR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PEWTY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, GAMES, PRODUCTS AND CONTENT AND ANY THIRD-PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, 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 OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, GAMES, PRODUCTS AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITES, GAMES, PRODUCTS AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITES, GAMES, PRODUCTS OR THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES, GAMES, PRODUCTS, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, PRODUCTS, CONTENT, THIRD PARTY SERVICES OR THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity

You agree to defend, indemnify, and hold us and our employees, directors, representatives and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content, your access to or use of our Sites, Games, Products or Content, or your violation of these Terms of Use.

Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to seek equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of New Zealand without regard to its conflict of laws provisions. Any dispute, claim, disagreement or controversy arising out of or relating to this Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), shall be determined in accordance with this Section. You agree that, by accepting these Terms of Use, you and we are each waiving the right to a trial by jury or to participate in a class action. In the event of a Dispute, you agree that such Dispute shall be resolved in the following manner:

• First, by direct negotiation between you and our representative with authority to settle the Dispute. The party claiming that there is a Dispute must notify the other party in writing, giving full details of the claim and the specific relief sought (the “Dispute Notice”). Following receipt of the Dispute Notice, our representative shall attempt to contact you by e-mail or telephone to try to resolve the Dispute in good faith within thirty (30) days of receipt of the Dispute Notice. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

• If the Dispute is not resolved by the foregoing negotiations within thirty (30) days, then the Dispute shall be submitted to binding arbitration as follows: (i) if you are a resident of the United States, Canada or Mexico, in Los Angeles, California, under the auspices of JAMS and in accordance with the rules of JAMS’ Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms of Use, including Rules 16.1 and 16.2 of those Rules; or (ii) if you are a resident of a Member State of the European Union, in London, England, under the auspices of JAMS International, in accordance with the rules of JAMS’ Streamlined Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these  Terms of Use, including Rules 16.1 and 16.2 of those Rules; or (iii) if you are a resident elsewhere, in Wellington, New Zealand, under the auspices of New Zealand Dispute Resolution Centre. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the rules of JAMS.

• The arbitrator shall be appointed by JAMS or by New Zealand Dispute Resolution Centre, as applicable, in accordance with its rules. The arbitrator shall serve as neutral, independent and impartial arbitrator. The arbitrator shall be a retired judge or attorney with at least ten (10) years practice advising clients in the internet or e-commerce industry. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except for the initial filing fee if you file a Dispute, we will pay all other filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Dispute Notice is frivolous or brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b) or corollary statute under the laws of the European Union and New Zealand, as applicable), then the payment of all such fees will be governed by the JAMS or New Zealand Dispute Resolution Centre Rules, as applicable. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the applicable Rules. In any Dispute arising out of or related to these Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any Dispute arising out of or related to these Terms of Use, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.

• 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 that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Entire Agreement; Severability; Waiver

Except as otherwise provided in any applicable End User License Agreement, these Terms of Use constitute the entire and exclusive understanding and agreement between Pewty and you regarding the Sites, Games, Products and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Pewty and you regarding the Sites, Games, Products and Content. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third-party. You also understand and agree that these Terms of Use and the Privacy Policy incorporated by reference into these Terms of Use, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Sites, Games, Products or Content. Any notices or other communications permitted to be required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given (x) by us via email (in each case to the address that you provide) or (y) by posting to the Sites, Game or Product. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.