Terms of Service
Welcome to the Piepacker website (the “Site”) provided by PIEPACKER, INC. (referred to herein as either “Piepacker”, “we”, “us”, or “our”). The Site and any related services, modules, functions, software, applications, or platforms (collectively, the “Services”) were created by us so that you can enjoy a cloud gaming experience and play premium retro games with your friends online subject to these Terms.
These Piepacker Terms of Service (the “Terms”) govern your use of our Services and provide information about the Services.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND JURY WAIVER.
MORE INFORMATION ABOUT MANDATORY ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
These Services are currently not intended for and may not be used by Users outside of France or the United States of America.
You must be at least 13 years of age to use the Services. Some of our Services require or allow you to create an account with us, with a user ID and password. When registering for an account, you agree that you will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password, (c) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (d) immediately notify Piepacker if you discover or otherwise suspect any unauthorized use of your account.
By creating a User account, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, Piepacker may suspend or terminate your account, or revoke any premium account privileges.
We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms, effective upon prior notice to Users (which may be sent to the email address provided at the time of registration or posted on the Site or through the Services).
If you wish to cancel your account at any time for any reason, you may do so by sending an email to firstname.lastname@example.org. Failure to do this before the renewal date will result in an automatic renewal of your registration. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
PLEASE NOTE SOME OF THE SERVICES ARE CURRENTLY BEING INTRODUCED, REFINED, OR MODIFIED, AND CONSTITUTE A WORK IN PROGRESS SUBJECT TO FURTHER MODIFICATION. WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE.
The underlying platforms and technology used to provide the Services are either the proprietary property of Piepacker or its licensors. By subscribing to our Services, Piepacker grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription solely for your personal, non-commercial use, in accordance with these Terms, unless terminated earlier.
“Piepacker” and other trademarks, slogans, service marks and trade names which appear on the Site and/or Services are proprietary to Piepacker or its licensors. You may use the “Piepacker” name in the format in which it appears on the Site solely as part of “Piepacker game” in a textual message for the purpose of referring to a Piepacker game. Any other use of any Piepacker trademarks, slogans, service marks, trade dress, and trade names is prohibited. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Piepacker. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
Piepacker masks, filters, and other copyrighted content used in our Services are either the proprietary property of Piepacker or its licensors.
You are fully responsible for ensuring that your use of the Services, including with respect to information entered in your profile, access to others information, and use of Piepacker’s messaging platform complies with all applicable laws, rules and regulations (including but not limited to those regarding deceptive or misleading advertising and applicable privacy laws) and with the terms and conditions of any third party platforms you use in connection with the Services. Piepacker is not responsible or liable for any failure by you to comply with such applicable laws, rules, regulations or third party terms and conditions. Piepacker will not be responsible for any loss of data or accounts due to any actions by third parties, including those that may be in response to a failure by you to follow their guidelines.
Piepacker respects the intellectual property of others, and we ask users of our Services to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) in the US, the Electronic Commerce Directive (2000/31/EC) in the EU, and other applicable law, we have adopted a policy of removing, in appropriate circumstances and at our sole discretion, any content that appears to infringe the intellectual property rights of others. We may also, at our sole discretion, limit access to Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any material on Piepacker infringes upon any copyright or other intellectual property right which you own or control, or that any link on Piepacker directs users to another web site that contains material that infringes upon any intellectual property right which you own or control, you may file a notification of such infringement with our designated agent who can be reached at:
Address: PIEPACKER INC. 340 South Lemon Avenue 8296 91789 Walnut United States E-mail Address: email@example.com
Notifications must include the following:
You shall be solely responsible for the information you or any user of your account (whether authorized or unauthorized) transmits or submits through the Site or the Services. You expressly agree that you will not use the Services to:
Piepacker reserves the right to suspend or terminate user accounts at any time, in its sole discretion. Piepacker also reserves the right to remove any user content which is abusive, illegal, disruptive, or that otherwise fails to conform to Piepacker’s standards, and to limit users’ access, in full or in part, to the Services, in its sole discretion.
Breach of any of provision of these Terms may result in a permanent account ban and/or the initiation of an investigation whereby Piepacker may request information from you (such as communication with other users). We may suspend your account during any such investigation, until such information is presented and assessed.
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Piepacker, without any compensation to you. To provide submissions or feedback, please email firstname.lastname@example.org
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. PIEPACKER DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You shall indemnify and hold harmless Piepacker (including its directors, officers, employees, representatives and agents) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Piepacker resulting from or arising out of your violation of these Terms or your use of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL PIEPACKER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PIEPACKER SERVICES, ANY CONTENT OR MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PIEPACKER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PIEPACKER’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIEPACKER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PIEPACKER SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PIEPACKER SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, PIEPACKER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN PIEPACKER AND RECEIVED THROUGH OR ADVERTISED ON THE PIEPACKER SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded.
Final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site, Services or these Terms. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in the State of California, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be conducted by and under the rules and auspices the American Arbitration Association (the “AAA”). The arbitration shall take place in San Francisco, California. For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address: email@example.com
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Piepacker.
Last Updated: January 10, 2021