Never Let Go

TERMS OF USE

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE (“Terms”, “Terms of Use”, or “Agreement”) CAREFULLY BEFORE USING THIS ONLINE OR KIOSK ENTERTAINMENT SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE..

Welcome and thank you for using a service provided by Pocket Card or its subsidiaries or affiliates (“Pocket Card,” “we,” “us,” or “our”). These Terms of Use are a legally binding agreement between you and Pocket Card and govern your use of our online, digital, or Kiosk services, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).

Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.

By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms (which are incorporated herein by reference) and acknowledge our collection and use of your information as described in the Privacy Policy(ies) applicable to the Service (“Privacy Policy”). If you do not wish to be bound by these Terms or Additional Terms, do not access or use the Service.

User account

• Account Creation

You may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. If you open an Account or otherwise access the Service on behalf of a company, organization, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.

• Investigations, Suspensions, and Termination

You agree that Pocket Card has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if Pocket Card believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that Pocket Card may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY POCKET CARD DURING OR AS A RESULT OF THESE INVESTIGATIONS.

• Account Security

You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. You agree that Pocket Card will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that Pocket Card cannot guarantee its protection from unauthorized access. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our Customer Service contact page or by sending an email to info@pocketcard.co.site. Pocket Card may require you to change your Account username and password.

 

1. Mobile Devices

A. Wireless Charges

You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from Pocket Card.

B. Mobile Software

Pocket Card may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are not permitted to modify, transfer, or distribute any Apps. Pocket Card does not guarantee that the Apps will be compatible with your device. Pocket Card may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Pocket Card’s discretion. You may not use or otherwise export or re-export the Apps, or any other software provided as part of the Service, except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, neither the Apps, nor any other software, may be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation. If you download or use any software, you represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

C. iTunes App Store

The additional terms in this Section 5.C apply only to your use of Apps downloaded through Apple Inc.’s (“Apple”) iTunes App Store (“iTunes Apps”). You agree that this Agreement is solely between you and Pocket Card, not Apple, and that Apple is not responsible for iTunes Apps or their content. Apple has no obligation whatsoever to furnish any maintenance or support services in connection with iTunes Apps. You will not involve Apple in any claims relating to your use of iTunes Apps, or in any third-party claims alleging infringement of intellectual property rights by the iTunes Apps. You agree to comply with all third-party agreements in connection with your use of iTunes Apps (for example, your wireless provider agreement). Finally, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement solely for the purpose of enforcing the applicable Terms against you in connection with your use of iTunes Apps.

1. Paid Services

Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. Pocket Card may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific Pocket Card entity identified by the aspect of the Service used to make the purchase.

All payment transactions are administered by a third-party payment processor or third-party store (for example, Google Play). Pocket Card expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. Pocket Card is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access the applicable portion of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription, unless another cancellation method is specified in applicable Additional Terms.

The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code § 1789.3. If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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1. Virtual Items

The Service may feature fictional credits, items, rewards, points, currency, or the like (collectively, “Virtual Items”). The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money. You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited. Pocket Card has the absolute right to manage, regulate, control, modify, or eliminate Virtual Items as we see fit in our sole discretion, and Pocket Card will have no liability to you or anyone else for the exercise of such rights. For example, Virtual Items may be immediately lost, deleted from your Account, or otherwise forfeited if your Account is terminated or closed for any reason or when Pocket Card discontinues, modifies, or updates an applicable aspect of the Service (for example, discontinuing a game featuring Virtual Items).

All purchases of licenses to Virtual Items are final and governed by the terms of Section 6 (Paid Services); by indicating your desire to purchase a license to any Virtual Items through the Service, including by clicking or tapping the relevant purchase button, you confirm that you want said items credited to your Account and in so doing you lose any cancellation rights you may have under applicable laws.

Any unauthorized transferring, trading, selling or exchanging of any Virtual Items to anyone, including other users of the Service, is strictly prohibited. Pocket Card may take action it deems appropriate in response, including deletion of the Virtual Items or termination or suspension of any Account involved. You acknowledge and agree that Pocket Card will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Pocket Card may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability. If Pocket Card revokes your license to Virtual Items, Pocket Card will not have any liability to you for any time or money spent by you on Virtual Items, any Virtual Items associated with your Account, or for any other reason whatsoever.

1. Third-Party Services

The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”). Pocket Card does not endorse and is not responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and Pocket Card disclaims all liability in connection therewith. References to Third Party Services do not imply endorsement of any Third Party Services by Pocket Card or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services. To learn more about Third Party Services, consult the Third Party Services’ respective terms of use and privacy policies.

 

USER CONTENT

1. User Content

From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant Pocket Card a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of Pocket Card necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.

Please retain copies of all User Content as Pocket Card is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Pocket Card only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Pocket Card is under no obligation to monitor User Content or use of the Service. However, Pocket Card has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Pocket Card reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.

You represent and warrant the following as to your User Content:

• You have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, voice, and/or likeness (as applicable) in connection with the Service and pursuant to these Terms.

  Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.

  Your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.

  Pocket Card may exercise the rights to your User Content granted herein without any liability, including for payment of royalties, residuals, guild fees, or the like, to you or any third party.

1. Code of Conduct

You agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:

• constitutes or promotes illegal activity;

  is infringing, libelous, defamatory, abusing, harassing, or threatening;

  contains any obscene, pornographic, racist, or otherwise offensive material;

  exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;

  promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by applicable Additional Terms;

  is subject to confidentiality or non-disclosure obligations;

  includes any visible logos or trademarks that belong to third parties;

  disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers; or

  links to any third-party sites or services that would violate the standards contained in this list.

In using the Service you also agree not to:

• attempt to interfere with the operation of the Service in any way;

  copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service (except: (a) as authorized herein; or (b) in the case of public search engines, which are granted a revocable right to crawl publicly accessible portions of the Service in compliance with instructions posted on applicable “robots.txt” files and without circumventing any technical barriers, for the sole purpose of creating public searchable indexes, but not caches or archives);

• use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;

• assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Pocket Card’s prior written consent which may be withheld in Pocket Card’s sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);

  use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;

  use the Service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;

  decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service;

  copy, data mine, scrape or in any way extract any part of the Service or data for the purpose of training any artificial intelligence algorithm, system, model or tool or any large language or machine learning model or any similar technology;

  intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Pocket Card’s networks or systems.

1. Unsolicited Submissions and Feedback

Please be aware that Pocket Card does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by Pocket Card staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Pocket Card any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Pocket Card and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.

1. International Use

Pocket Card makes no representation that every aspect of the Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that:

• you do so on your own initiative and at your own risk;

  you will not use the Service if you are prohibited from receiving products, services, or software originating from the United States;

  you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and

  you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside.

If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.

 

1. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POCKET CARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POCKET CARD DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POCKET CARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. POCKET CARD MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND POCKET CARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

1. Limitation of Liability and Time Limitation for Claims

POCKET CARD DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT WILL POCKET CARD’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE OR THESE TERMS EXCEED THE GREATER OF THE AMOUNT (IF ANY) PAID BY YOU TO POCKET CARD IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF POCKET CARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SUBJECT TO SECTION 16 OF THIS AGREEMENT (DISPUTE RESOLUTION), TO THE EXTENT PERMITED BY APPLICABLE LAW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE OR YOUR USE OF THE SERVICE, THESE TERMS OF USE, OR THE RELATIONSHIP BETWEEN US, MUST BE COMMENCED WITHIN ONE YEAR OF THE RELEVANT EVENTS. A DISPUTE IS COMMENCED IF IT IS FILED IN AN ARBITRATION OR, IF THE DISPUTE IS NON-ARBITRABLE, A COURT OF COMPETENT JURISDICTION, DURING THE ONE-YEAR PERIOD. IF YOU OR WE PROVIDE NOTICE OF A DISPUTE UNDER SECTION 16 (DISPUTE RESOLUTION), THE ONE-YEAR PERIOD IS TOLLED FOR 60 DAYS FOLLOWING RECEIPT OF THE NOTICE OF DISPUTE (ALTHOUGH FOR THE SAKE OF CLARITY, IT MAY BE FURTHER EXTENDED IF YOUR DISPUTE, CLAIM OR CONTROVERSY IS PART OF A MASS FILING AS CONTEMPLATED IN SECTION 16.9). EXCEPT AS SET FORTH IN SECTION 16, YOU AND WE EACH WAIVE—THAT IS, GIVE UP—THE RIGHT TO PURSUE ANY DISPUTE, CLAIM OR CONTROVERSY THAT IS NOT FILED WITHIN ONE YEAR AND ANY RIGHT YOU OR WE MAY HAVE HAD TO PURSUE THAT DISPUTE, CLAIM OR CONTROVERSY IN ANY FORUM IS PERMANENTLY BARRED.

1. Indemnity

You agree to indemnify and hold harmless Pocket Card and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

ARBITRATION AGREEMENT

(1) Claims Subject to Arbitration: To the fullest extent permitted by applicable law, Pocket Card and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This Arbitration Agreement is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;

• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);

• claims for mental or emotional distress or injury not arising out of physical bodily injury;

• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

• claims that may arise after the termination of this Agreement.

References to “Pocket Card,” “you,” “we” and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates (including Pocket Card Bros. Discovery, Inc. and its affiliates); those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; and all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may elect to have claims heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. You agree that, by entering into this Agreement, you and we are each waiving the right to participate in a class action and to a trial by jury to the fullest extent permitted by applicable law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision. This Arbitration Agreement shall survive termination of this Agreement.

(2) Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, a party who intends to initiate arbitration or file a claim in small claims court must first send to the other a written Notice of Dispute (“Notice”). A Notice from you to Pocket Card must be emailed to notice@wbd.com (“Notice Address”). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the Service, including the name of the relevant Service (e.g., the Web site, App, or other Service at issue), whether you have created an account with or receive any emails associated with the Service; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation for them; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules).

1. Class Action and Jury Trial Waiver

You and Pocket Card agree that, to the fullest extent permitted by law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Pocket Card may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Pocket Card may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or Pocket Card may participate in a class-wide settlement.

To the fullest extent permitted by law, you and Pocket Card waive any right to a jury trial.

1. General Terms

A. Governing Law and Venue

This Agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute that is not subject to arbitration under Section 16 (Dispute Resolution) of the Agreement, or any issues involving arbitrability or enforcement of any provisions under Section 16 shall be brought in the appropriate state or federal court located in New York County, New York; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, New York for the adjudication of all non-arbitral claims.

B. Force Majeure

Pocket Card will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

C. No Waiver

No failure or delay by Pocket Card in exercising its rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.

D. Severability

Except as specified in Section 16 (Dispute Resolution), if any portion of this Agreement shall be unlawful, void, or for any reason unenforceable, then that portion shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions or portions thereof.

E. Construction

The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise:(a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning frequently identified with the phrase “and/or;” (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.

F. Survival

Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.

G. Entire Agreement

This Agreement, including any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein

1. Copyright Agent

If you believe that any User Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the Digital Millennium Copyright Act of 1998 (“DMCA”):

• Your name, address, telephone number, and (if available) email address;

  A description of the copyrighted work that you claim has been infringed;

  The exact URL or a description of each place where alleged infringing material is located;

  A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

  Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

  A statement by you that the information in your notice 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.

The above information must be submitted to Pocket Card’s Copyright Agent at the following address:

Pocket Card INC
575 FIFTH AVE 14 FLOOR
New York, NY 91522
Tel: (347) 218-6623
Email: info@pocketcard.co.site

If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.

1. Accessibility

We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at info@pocketcard.co.site. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.

2. Contact Us

You may contact us at the addresses specified herein for specific requests, or contact Customer Service with general inquiries. Please do not send us any Unsolicited Submissions.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.