Clipology Website Terms of Service
Welcome to the Terms of Service (these “Terms”) for this website, PlayClipology.com (the “Website”), operated by Moose Enterprise Pty Ltd and its affiliated companies including but not limited to Moose Enterprise (INT) Pty Ltd, Moose Toys LLC, MTCAN Ltd and Moose Toys Ltd (referred to as “Moose”, “we”, “our” or “us”). Moose distributes the board game known as “Clipology” and operates this Website, which forms the online media component of Clipology and includes content, tools, features, services and functionality related to Clipology (the “Services”).
This Agreement governs your use of the Services. Please read it carefully before accessing the Services. By accessing the Services, you acknowledge that you have read and understood the Agreement and are agreeing to be bound by it. If you do not agree to this Agreement, you should not use the Services. For purposes of these Terms, “you” and “your” means you as the user of the Services.
Any new features or tools which are added to the Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We may modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. Any changes become effective immediately upon posting them on the Services. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, you are responsible for checking this page regularly for any changes. You will be deemed to have agreed to any changes by your continued use of the Services after such changes have been posted. If you do not agree with any changes, you should discontinue using the Services immediately. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.
In order to access certain Services, you may be required to agree to additional terms and conditions (“Additional Terms”). If there are any inconsistencies between this Agreement and the Additional Terms, the Additional Terms shall prevail to the extent of any such inconsistencies.
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 18 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO YOU. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO MOOSE’S SERVICES AND/OR PRODUCTS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY; AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW. YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 18.
1. Services and Eligibility
Portions of the Services may allow you to access certain online content from the Website or other online platforms made available to us, while you play Clipology. We make no guarantee that such online content will always be available for viewing, as their availability is subject to certain licensed rights granted to us by one or more third party licensors, some of which may expire after 2024. By purchasing this game, you understand that after such time, certain features of the Clipology game may not be available.
Your use of the Services constitutes your representation and warranty that you are of the age of majority in your jurisdiction. If you are under the age of majority, you must obtain your parents’ or legal guardians’ consent before you access and use the Services.
2. Location of Our Privacy Policy
Your privacy is important to us, please also review our Privacy Policy and Children’s Privacy Policy to learn what information we collect, and how we store and use such information.
3. Accounts
In order to access certain Services, you may be required to register an account (“Account”) or provide information about yourself. If you are under the age of 13 years, you will need parental consent to create an Account. The decision to register an Account and/or provide the requested information is purely optional, however, if you elect not to provide such information, you may not be able to access these Services. Please also review our Privacy Policy and Children’s Privacy Policy for more information.
If you register an Account, you may be required to choose a username and/or password and you agree:
a. you will not use a username that is being used by someone else, may impersonate another person, violates the rights, including intellectual property rights, of any third party or is offensive. Moose reserves the right to reject any username or password at our sole discretion;
b. you will provide complete and accurate information about yourself and keep such information up to date whilst you continue to use the Services to which the registration relates;
c. to keep all usernames and passwords secure, restrict access to your computer, mobile device or other technology which you use to access the Services and not allow any third party to access and use your Account;
d. to accept full responsibility for all activities occurring in your Account. If you become aware of any security breaches or unauthorised use of your Account, you must notify us immediately. Moose is not liable for any loss or damage to you or any third party arising from unauthorised use of your Account, with or without your knowledge, and you may be liable for our loss or damage or the loss or damage of our third party Licensors, content and/or service providers due to authorised use of your Account.
Moose reserves the right to restrict, suspend or terminate your Account, in its sole discretion without notice and without liability, including in the event we stop offering the Services. You agree not to create any Account if we have previously removed your Account, or if we previously banned you from any of our Services, unless we provide written consent otherwise.
4. Rights We Grant You; Permitted Use
We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Moose, in its sole discretion, may elect to take.
You agree that you will not use the Services for any commercial or unlawful purposes, including but not limited to:
e. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;
f. duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
g. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
h. use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;
i. exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
j. access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
k. attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;
l. circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
m. use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
n. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
o. submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
p. violate any applicable law or regulation in connection with your access to or use of the Services; or
q. access or use the Services in any way not expressly permitted by these Terms.
Moose may, in its sole discretion, restrict or terminate your use of the Services for any reason without notice or any liability.
5. Ownership and Content
The Services and all of the materials contained or featured on the Services, including but not limited to all names, logos, information, text, data, graphics, illustrations, designs, icons, photographs, characters, images, moving images, video clips, sounds, music, interactive features, applications, downloads, software, layout and “look and feel” are owned, controlled or licensed by us, our Licensors or other third parties, and are protected by copyright, trade mark, patent and other intellectual property rights and laws. Our licensors include but are not limited to Viacom International Inc.; Lions Gate Ancillary LLC; Universal Studios Licensing LLC; MGM Media Licensing, a division of MGM Home Entertainment Distribution Corp. You agree that Moose and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services, (other than your User Generated Content). All of the trademarks, service marks, trade names and logos (“Marks”) used on the Services, including MOOSE TOYS and CLIPOLOGY™, belong to us, our licensors or other third parties. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You are prohibited from using the Marks in any way without our prior written consent.
6. Device Requirements
Use of the Services require compatible Devices (see definition below), internet access and may require certain software and updates from time to time. The operation of the Services may be affected by these factors. You are responsible for meeting these requirements, including but not limited to ensuring the Services are compatible with your computer, tablet, smart phone or television, or other technology in which you intend to use the Services (“Device”) and obtaining adequate internet access.
7. Internet, Carrier and other Charges
You acknowledge and agree that you (not Moose) are responsible and fully liable for any internet fees and/or phone carrier or other Devices related charges associated with you playing the Clipology game. Your relationship with your internet provider and/or your mobile phone carrier is independent and separate from your relationship with Moose and is outside of Moose’s control. Any dispute that relates to the rates charged by your internet provider, your mobile carrier or in respect of any other Device used to view or access the Website is strictly between you and such provider (as applicable), and you agree to raise no defence or claim against Moose.
8. Third Party Services and Materials
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Moose is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or third party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
9. Unsolicited Feedback
Moose does not accept or consider any unsolicited suggestions, ideas, concepts, inventions, designs or any other materials for new products or services, or improvements to products and services (“Unsolicited Feedback”). You must not send to Moose, in any form and by any means (including in any User Generated Content or by email or otherwise), any Unsolicited Feedback. If you send us Unsolicited Feedback, despite our request not to do so, you assign all rights, including all intellectual property rights, in those Unsolicited Feedback to Moose. Unsolicited Feedback are not subject to any obligations of confidence, regardless of whether you mark them as “confidential”, and Moose is not liable for any use or disclosure of the Unsolicited Feedback. Without limiting the foregoing, Moose may use the Unsolicited Feedback for any and all purposes, world-wide and in perpetuity without any compensation to you. You waive any and all moral rights you may have in the Unsolicited Feedback under any applicable laws.
10. Competitions, Contests and Sweepstakes
Any competitions, sweepstakes, contests or other promotions (“Contest”) offered via the Services may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Contest. By participating in a Contest, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
11. Representations and Warranties
You represent and warrant that: (a) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity or if you are under the age of majority in your jurisdiction of residence, you have your parent’s or legal guardian’s consent to enter into this Agreement in your jurisdiction and to comply with this Agreement; (b) all information you provide to Moose is accurate and complete; (c) you hold and will continue to hold all rights necessary to enter into and perform your obligations under this Agreement.
12. Disclaimers and Limitation of Liability
YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, MOOSE AND ITS AFFILIATED ENTITIES, SUCCESSORS, ASSIGNS AND LICENSORS, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “MOOSE PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOOSE DOES NOT WARRANT THAT THE SERVICES (INCLUDING VIRTUAL ITEMS) WILL MEET YOUR EXPECTATIONS, BE ACCURATE, SECURE, TIMELY, UNINTERRUPTED, ACCESSIBLE OR FREE FROM DEFECTS, ERRORS OR VIRUSES, OR THAT DEFECTS, ERRORS OR VIRUSES WILL BE CORRECTED. The Moose Parties make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit your User Generated Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Moose Parties or through the Services, will create any warranty or representation not expressly made herein.
FURTHER, THE CLIPOLOGY GAME INCLUDES AN ONLINE COMPONENT THAT MAY ALLOW ITS PLAYERS TO WATCH CERTAIN ONLINE CONTENT VIA AN ONLINE PLATFORM OPERATED BY MOOSE. WE MAKE NO GUARANTEE THAT SUCH ONLINE CONTENT WILL ALWAYS BE AVAILABLE FOR VIEWING, AS THEIR AVAILABILITY IS SUBJECT TO CERTAIN LICENSES GRANTED TO US BY ONE OR MORE THIRD PARTY LICENSORS, SOME OF WHICH MAY EXPIRE AFTER 2024. BY PURCHASING THIS GAME, YOU UNDERSTAND AND AGREE THAT AFTER THE EXPIRATIONS OF SUCH LICENSES, CERTAIN FEATURES OF THE GAME MAY NOT BE AVAILABLE.
THE MOOSE PARTIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE MOOSE PARTIES WILL BE RESPONSIBLE FOR.
TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, IN NO EVENT WILL THE MOOSE PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES (INCLUDING VIRTUAL ITEMS), EVEN IF MOOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY ANY LAW, IN NO EVENT WILL THE LIABILITY OF THE MOOSE PARTIES FOR LOSS OR DAMAGES IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES (INCLUDING VIRTUAL ITEMS) EXCEED THE AMOUNTS ACTUALLY PAID BY YOU IN RESPECT OF THE SERVICES WHICH FORM THE BASIS OF YOUR COMPLAINT, AND IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY ANY RIGHT OR REMEDY YOU MAY HAVE UNDER ANY APPLICABLE LAW.
13. Indemnification
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Moose Parties harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Moose Parties arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) your User Generated Content; or (e) your negligence or willful misconduct. If you are obligated to indemnify any Moose Party hereunder, then you agree that Moose (or, at its discretion, the applicable Moose Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Moose wishes to settle, and if so, on what terms, and you agree to fully cooperate with Moose in the defense or settlement of such claim.
14. Governing Law; Forum; Other Terms
Governing Law. By accessing and using the Services, you agree that this Agreement shall be governed by and construed under the laws of the State of Victoria, Australia, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 16, or if arbitration does not apply, then the state and federal courts located in the State of Victoria, Australia. You and Moose agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by Moose will terminate automatically. Additionally, Moose may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Moose deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Moose may, but is not obligated to, delete any of your User Generated Content. Moose shall not be responsible for the failure to delete or deletion of User Generated Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Moose or you. Termination will not limit any of Moose’s other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Moose for which monetary damages would not be an adequate remedy and Moose shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Moose but may not be assigned by you without the prior express written consent of Moose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
When you use the Services or send emails to us, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Contact Us
If you have any questions or concerns with the Services, or these Terms, the Privacy Policy or Children’s Privacy Policy, you may contact us by e-mail at DPO@moosetoys.com, or by mail at the address below:
Moose Toys Ltd
Unit 3, Hurling Way
St Columb Major Business Park
Trekenning
St Columb Major
Cornwall, TR9 6SX
United Kingdom
16. Supplemental Terms for Users in the United States.
If you are a user of the Services and are a citizen or habitual resident of the United States, this Section 18 applies to your use of the Services and overrides the Terms and Conditions to the extent of any inconsistency.
ARBITRATION AND CLASS ACTION WAIVER
IF YOU RESIDE IN THE UNITED STATES, THIS SECTION APPLIES TO YOU. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Informal Process First. You and Moose agree that in the event of any dispute between you and the Moose Parties, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party thirty (30) days in which to respond. Both you and Moose agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to Moose’s services and/or products, including the Services, Offerings[, Gift Cards, Promotional Codes,] and Third Party Materials, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Moose agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with Moose, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Moose are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Exceptions. Notwithstanding the foregoing, you and Moose agree that the following types of disputes will be resolved in a court of proper jurisdiction:
a. Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;
b. Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or
c. Intellectual property disputes.
Costs of Arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Moose will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules. In that case, you agree to reimburse Moose for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Moose before the arbitrator was appointed, Moose will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to DPO@moosetoys.com or to the mailing address listed in the “Contact Us” section of these Terms. The notice must be sent to Moose within thirty (30) days of your first registering to use the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Moose also will not be bound by them.
WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MOOSE EACH AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY WILL BE BROUGHT AND CONDUCTED ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). YOU AND MOOSE AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. YOU AND MOOSE EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. FURTHER, YOU AND MOOSE AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE EXCEPTIONS CLAUSE ABOVE.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
U.S. Government Restricted Rights. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.